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

The Withdrawal Agreement

Overview

The Withdrawal Agreement came into effect on 1 February 2020. The preamble records, amongst other things: the necessity of providing reciprocal protection for EU citizens and UK nationals and their family members where they had exercised free movement rights before the UK left the EU; the objective of ensuring an orderly withdrawal of the UK from the EU aiming to prevent disruption and provide legal certainty to citizens and economic operators; and the balance of benefits, rights and obligations for the EU and the UK which was the foundation for the Agreement.

The Withdrawal Agreement is divided into six parts, each of which has a number of different title headings, beneath which lie chapters and individual articles.

Part One: Common Provisions

Part One is headed “Common Provisions”. Within that Part, Article 4 provides that the provisions of the Withdrawal Agreement have direct effect and can be relied on by legal or natural persons. Interpretation of provisions in the Withdrawal Agreement referring to EU law or to concepts or provisions of EU law is to be in accordance with EU law and with the case law of the CJEU handed down before the end of the transition period. Article 6 provides that references to Union law (subject to exceptions which are not relevant here) are to the law applicable on the last day of the transition period.

Part Two: Citizens’ Rights

Part Two is headed “Citizens’ Rights”. It contains four titles. The first title relates to “General Provisions”. Article 10 is within that title and provides: