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21 April 2023 / Richard Arthur
Issue: 8021 / Categories: Features , EU , Brexit
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Retained EU law: no need for speed?

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The Retained EU Law (Revocation and Reform) Bill: Richard Arthur warns against the headlong rush to abandon EU law
  • The Retained EU Law (Revocation and Reform) Bill provides for the automatic sunsetting of almost all EU-derived law from 31 December 2023.
  • It provides ministers with wide-ranging powers to specify and restate EU-derived laws to be preserved, and courts and tribunals with increased opportunities to depart from previous EU law.
  • In the words of one parliamentary committee, it will entail a ‘deluge of subordinate legislation’ in the space of less than 12 months.

The European Union (Withdrawal) Act 2018 (EU(W)A 2018) preserved existing EU-derived law applicable in the UK before exit day as ‘retained EU law’. It also provided a set of rules to govern an interim period following the UK’s departure from the EU so as to enable an orderly disentangling of domestic law from EU law.

Those rules included the continued supremacy of EU law in relation to laws passed before exit date, the continued

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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

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The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
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From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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