Oh dear, more of this “EU law is code-based and inflexible, English law is flexible and pragmatic” trope. It’s poor stuff. telegraph.co.uk/business/2021/…
This is a re-hash of a paper published by @PoliteiaUK a couple of months ago, accompanied by an equally poor Express article. Brief reasons why it’s hopeless here.
https://twitter.com/GeorgePeretzQC/status/1362704832226803716
As I explain, what this is really about, to the extent that it makes any real sense, is moving to a US rather than an EU model of regulation. But one can see why, forensically, that call is dressed up as a “common law” (English) v. “civil law” (foreign) issue.
NB anyone who writes about “Britain’s long tradition of common law practice” as if Scots law did not exist should be made to argue a case in front of a particularly crusty bench in the Inner House of the Court of Session on a dreich Wednesday in November.
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