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EU law: what’s retained?

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10 March 2021 / Charles Brasted , Andrew Eaton
Issue: 7924 / Categories: Features , Brexit , EU
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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

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