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02 June 2021 / Charles Pigott
Issue: 7935 / Categories: Features , Brexit , Employment
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The scope of retained EU law: an overview

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Charles Pigott explores retained EU law through recent findings from the employment coalface
  • A number of interesting issues in relation to retained EU law have been explored in employment case law over the past few months.

Before examining the first wave of Brexit-related case law in the employment field, it is worth a quick reminder of the overall framework in which our courts have been operating since the beginning of 2021.

At the risk of considerable over-simplification, the key aim of the European Union (Withdrawal) Act 2018 (EUWA 2018) was to leave the UK with a functioning domestic rule book once it had left the EU. To avoid Brexit creating gaping holes in the areas formerly occupied by EU-derived law, the decision was taken to incorporate the whole body of EU legislation and case law that applied at the point of exit and into domestic law. In order to make this snapshot approach work, it was also necessary to cut the legal ‘conduit pipe’ in the form of the European Communities Act 1972 (ECA 1972), which

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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