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11 May 2023
Categories: Legal News , EU , Brexit
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Sunset abolished & kill list proposed

The government is dropping the sunset clause from the controversial Retained EU Law (Revocation and Reform) Bill, business secretary Kemi Badenoch has confirmed.

In a written statement to Parliament this week that is likely to bring a sigh of relief to many lawyers, Badenoch stated: ‘As the Bill is currently drafted, almost all REUL [retained EU law] is automatically revoked at the end of 2023, unless a statutory instrument is passed to preserve it.

‘However, with the growing volume of REUL being identified, and the risks of legal uncertainty posed by sunsetting instruments made under EU law, it has become clear that the programme was becoming more about reducing legal risk by preserving EU laws than prioritising meaningful reform. That is why today I am proposing a new approach: one that will ensure ministers and officials can focus more on reforming REUL, and doing that faster.’

Badenoch went on to say the government is tabling an amendment for Lords report that will replace the current sunset clause with a list of the retained EU laws that it intends to revoke at the end of 2023.

Welcoming the announcement, Law Society president Lubna Shuja said: ‘The government’s decision to remove the sunset clause and replace it with a list of the retained EU laws that it intends should fall away at the end of 2023 is the right decision.

‘This should provide some certainty for businesses, lawyers and citizens alike. We await the list being published. It is essential there is sufficient time to review affected legislation and consider the repercussions in all areas of law.’

MOVERS & SHAKERS

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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