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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

Bellevue Law—Lianne Craig

Bellevue Law—Lianne Craig

Workplace law firm expands commercial disputes team with senior consultant hire

EIP—Rob Barker

EIP—Rob Barker

IP firm promotes patent attorney to partner

Muckle LLP—Ryan Butler

Muckle LLP—Ryan Butler

Banking and restructuring team bolstered by insolvency specialist

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
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
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