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16 December 2022 / Michael Zander KC
Issue: 8007 / Categories: Features , Procedure & practice , EU , Brexit
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Taking back control over retained EU law (Pt 2)

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A seriously alarming piece of legislation? Michael Zander KC continues his report on the Retained EU Law (Revocation and Reform) Bill
  • Under the Retained EU Law (Revocation and Reform) Bill, all remaining EU secondary legislation will be revoked on 31 December 2023.
  • With thousands of retained EU law statutory instruments still on the books, reviewing and coming to a decision on all of them within such a short timeframe is an impossible task.
  • The Public Bill Committee has received almost 100 pieces of written evidence on the Bill—these are predominantly critical, with the sunset provision frequently flagged as the biggest cause for alarm.

In terms of the damage it could cause, the Retained EU Law (Revocation and Reform) Bill is one of the worst pieces of legislation I can remember in some 60 years of following the law-making process.

An impossible task?

The Bill provides for the cliff-edge sunsetting on 31 December 2023 of all then remaining retained EU law (REUL). Everything that has not been actively saved by ministers will automatically

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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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