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Human Rights Act - Article 7 No punishment without law
"1 No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence under national or international law at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the criminal offence was committed. "
Although not "criminal" it could be argued that the same principals should apply.
It needs someone so badly affected that it becomes economically viable to challenge the legality in the european courts.
Like there has ever been any "certainty"!
What a waste of everyone's time, more costs to the taxpayer, as yet another company has to take its case to the European Court.
Deterrent factor? Zero, you just take your activities outside the UK.