It depends on the outcome. If the European courts found in favour of SISU, and the vote in June was an 'out' vote then the British Supreme Court could over-rule it.
That's the key, the law is applied as it was at the time of the 'offence' not as it is now. Of course if we had a spectacular fall out with Europe off the back of a no vote I suppose we could fail to recognise the European Court anymore but there is zero chance of that happening.
Sorry, I over jumped the question. Could SISU go to the European Court if they failed with the Supreme Court. No they couldn't. If they appeal now to the Supreme Court there will not be enough time to appea; to the European Court before June.
That's the key, the law is applied as it was at the time of the 'offence' not as it is now. Of course if we had a spectacular fall out with Europe off the back of a no vote I suppose we could fail to recognise the European Court anymore but there is zero chance of that happening.
Sorry, Dave but it is not when the 'offence, traansaction or whatever we call it took place', It's when the appeal is put forward, which in this case wouldn't be until the Supreme Court rejected SISU's claim, which won't be until post-June.
Sorry, Dave but it is not when the 'offence, traansaction or whatever we call it took place', It's when the appeal is put forward, which in this case wouldn't be until the Supreme Court rejected SISU's claim, which won't be until post-June.
I'm pretty sure thats not right otherwise there would be absolute chaos as you'd have to undo every case involving a UK citizen or organisation that had been decided in the European Court.
Also worth noting that a no vote doesn't mean we are out the next day! We will remain in the EU for an absolute minimum of 2 years, although most people suspect a lot longer, potentially up to 10 years, while all the necessary agreements and legals are negotiated.