Supreme Court hears appeal on scope of EU conflict of laws rules and references to the CJEU under the Withdrawal Agreement

In Simkova v Secretary of State for Work and Pensions [2024] EWCA Civ 419, the Court of Appeal held that: (1) the child element of universal credit was not a discrete “social security benefit” for the purposes of Regulation 883/2004 (the EU regulation containing the coordination and conflict of laws rules that apply to EU member-states’ social security systems); and (2) in light of that conclusion, it was not necessary to make a reference to the CJEU under Article 158 of the Withdrawal Agreement.

The Supreme Court has this week heard an appeal against both of those conclusions. Four Landmark barristers appeared at the hearing.

Julia Smyth KC and Barney McCay appeared for the Secretary of State.

Tim Buley KC and Matthew Fraser, instructed by Herbert Smith Freehills Kramer, appeared pro bono for The AIRE Centre, which was granted permission to intervene in the proceedings.