Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Retained EU law definition

What does Retained EU law mean? Retained EU law refers in UK legal practice to the EU-derived legislation, rights and case law that were preserved and converted into domestic law when the European Communities Act 1972 was repealed at the end of the Brexit transition (31 December 2020). It is a statutory term created by the European Union (Withdrawal) Act 2018, as amended by the European Union (Withdrawal Agreement) Act 2020. It covered: (i) EU regulations and decisions taking effect as retained direct EU legislation; (ii) UK regulations and Acts made to implement EU directives (EU-derived domestic legislation); and (iii) directly effective EU rights and CJEU...

Interpreting UK Legislation to Protect Human Rights: HRA 1998 s 3, Common Law, Principle of Legality, Presumption of Compatibility with International Law, and Post-Brexit Assimilated/Retained EU Law

Published by a LexisNexis Public Law expert

Practice notes

There are three main principles of statutory interpretation relevant to the protection of human rights in the UK:

a statutory obligation in section 3 of the Human Rights Act 1998 (HRA 1998) to construe legislation, so far as possible, in a manner consistent with Convention rights
the presumption that Parliament does not, absent clear wording, curtail fundamental rights — the interpretative ‘principle of legality’
the presumption that Parliament does not intend to enact measures contrary to the United Kingdom's international duties, including under international human rights instruments — the presumption of compatibility

Before the UK left the EU, further presumptions guided the reading of statutes in line with UK obligations stemming from EU law. Although the UK is no longer an EU member, such presumptions may still matter for questions of assimilated law (or issues of Retained EU law as it operated in the 2021–23 period). However, because the Charter of Fundamental Rights of the European Union was expressly excluded from retained EU law in the 2021–23 period, and neither it nor...

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Alexander Campbell

Cornerstone Barristers

Alex is a skilful and experienced barrister whose practice primarily spans issues of public law and property law. Alex’s experience of complex public law issues including human rights, equality issues makes him extremely well-placed to assist clients in litigation across the many fields of law in which these issues arise.Alex has been praised by judges as an 'excellent’ advocate, for his ‘forensic precision’ in approaching cases and has been described as ‘an expert’ in his fields of practice. He is well-liked by clients for his approachable manner and for his ability to bring clarity to complex cases. He is ranked in Chambers and Partners 2018 and is described as a ‘rising junior with a growing reputation’.Alex was called to the Bar after an exceptionally strong academic background. Alex holds a law degree from Trinity College, Cambridge and was awarded multiple prizes for his...

Eric Metcalfe

Monckton Chambers

Eric Metcalfe is a barrister at Monckton Chambers specialising in public law, EU law and human rights. Called to the Bar in 1999, he spent almost nine years as the director of human rights policy at JUSTICE before joining Monckton in 2011. He is listed by the Legal 500 as a leading junior in the field of Civil Liberties and Human Rights. His most recent cases include R(Public Law Project) v Secretary of State for Justice [2014] EWHC 2365 (Admin) and Bingham Centre v Information Commissioner (EA/2014/0097), and he is currently instructed by Liberty in proceedings before the Investigatory Powers Tribunal against the UK intelligence services.PublicationsContributor to the Rights and Freedoms volume of the 5th edition of Halsbury’s Laws (LexisNexis, 2013).Editor in Chief of the Human Rights Law Reports - UK Cases (Sweet &...

Web page updated on 21/05/2026

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