CA-2024-001773 - [2025] EWCA Civ 1057

CONCLUSION

I would dismiss this appeal on Ground 1. The Appellant is not residing in the UK on the basis of the Withdrawal Agreement and is not entitled to protection by Article 23. Ground 2 does not arise for determination in light of my conclusion on Ground 1.

Lord Justice Newey:

I agree.

Lord Justice Underhill:

I agree that this appeal should be dismissed for the reasons given by Whipple LJ. In my view it is quite clear that the Appellant was not entitled under the Withdrawal Agreement to the rights which she claims, and I do not believe that a reference to the CJEU is necessary.