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19 July 2018 / Charles Pigott
Issue: 7802 / Categories: Features , Brexit
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Making a new UK

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Legislating for Brexit: Charles Pigott provides a brief overview of the EU Withdrawal Act

  • Charts the progression of each stage of the European Union (Withdrawal) Act 2018.
  • It remains unclear what the UK’s future relationship with the EU will look like.

The first substantive Brexit Act—the European Union (Withdrawal) Act 2018 (EU(W)A 2018)—received royal assent on 26 June 2018. Although it may need some adjustment as negotiations with the EU progress, EU(W)A 2018 will continue to provide the structural repairs needed keep the UK’s legal edifice standing after it leaves the EU.

There is a great deal of detail buried in its 100 or so pages, but the basic architecture of EU(W)A 2018 is fairly easy to discern. It follows a logical progression, outlined below, which has not changed significantly since it was introduced to the Commons last year.

Stage 1

Repeal the European Communities Act 1972

Section 1 of the EU(W)A 2018 provides: ‘The European Communities Act 1972 (ECA 1972) is repealed on exit day.’ Depending on one’s perspective, this short sentence could be seen as either senseless vandalism or as much-needed demolition.

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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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