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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Section 1 of the EU(W)A 2018 provides: ‘The European Communities Act 1972 (ECA 1972) is repealed on exit day.’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

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MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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