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10 March 2021 / Charles Brasted , Andrew Eaton
Issue: 7924 / Categories: Features , Brexit , EU
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EU law: what’s retained?

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Charles Brasted & Andrew Eaton provide a practical toolkit for advising on retained EU law in a post-Brexit UK
  • The European Union (Withdrawal) Act 2018 created ‘retained EU law’ to fill the gap left by EU law unless or until the UK Parliament legislates to replace it.

New Year’s Eve 2020 was a bit different from other years, and for more reasons than one. It will certainly be a date that any English lawyer advising on the UK’s post-Brexit legal system will not easily forget.

At 11pm GMT, EU law ceased to apply to and in the UK.

Brexit will be of enormous legal and practical importance for the people and businesses of the UK in the years ahead. However, some may not appreciate the extent to which it has already fundamentally reshaped the UK legal system: while many rules remain familiar, for the time being at least, their legal status and how they are interpreted, enforced and adjudicated upon is fundamentally different. The constitutional framework of those rules is new. Brexit has created new bodies of law—and

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Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

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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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