Post-Brexit, SQE1 has transformed EU law content into “retained EU law,” now called “assimilated law.” You’ll find this material primarily in Constitutional and Administrative Law sections, with reduced prominence compared to pre-Brexit exams. The two-part exam (FLK1 and FLK2) tests your understanding of how formerly EU-derived rights now function within domestic legal frameworks. UK courts are no longer bound by CJEU decisions, creating new interpretive challenges you’ll need to master for success.
From EU Law to Retained EU Law: Understanding the Transition
When Brexit fundamentally altered the UK’s legal framework, it didn’t simply erase decades of EU-derived law overnight.
Brexit didn’t erase EU-derived law overnight, but initiated a measured transformation of the UK’s legal landscape.
Instead, the European Union (Withdrawal) Act 2018 created “retained EU law” to maintain legal continuity after the changeover period ended on December 31, 2020.
You’ll need to understand that this body of law converted existing EU legislation into domestic UK law, preserving the legal environment while allowing for future modifications.
This transformation was critical to prevent legal chaos and uncertainty for businesses and individuals alike.
The Act defines five distinct categories of law under section 6(7), including EU-derived domestic legislation and retained case law.
By 2024, this retained law evolved further into “assimilated law”—a distinction you must note in formal documents and pleadings.
This shift reflects the UK’s departure from EU interpretive frameworks while maintaining the substance of rules that had become integral to the UK legal system.
The New SQE1 Exam Structure and Content After Brexit
Following Brexit’s seismic shift in the UK’s legal framework, the SQE1 examination has undergone substantial structural modifications to reflect the country’s new legal independence.
You’ll now face a two-part exam format comprising FLK1 and FLK2, each containing 180 multiple-choice questions to be completed within approximately 153 minutes. This challenging assessment will take a total of 10 hours to complete across both sections.
The content changes are significant—while EU law hasn’t disappeared entirely, it’s been repackaged as “retained EU law” within the Constitutional and Administrative Law syllabus.
FLK1 covers Business Law, Dispute Resolution, and Contract Law, while FLK2 focuses on Property Practice, Trusts, and Criminal Law.
You’ll need to master applying legal principles rather than mere memorization, with ethical considerations woven throughout rather than tested separately.
Each assessment divides the 180 questions across two days with two sessions per day, allowing candidates a break between the intensive 2-hour-and-30-minute testing periods.
Key Changes in Constitutional and Administrative Law Testing
As you prepare for SQE1, you’ll need to understand the new hierarchy of retained EU law within UK constitutional frameworks, particularly how the Retained EU Law Act 2023 has shifted the balance toward parliamentary sovereignty.
You’ll notice that judicial precedent has transformed remarkably, with UK courts no longer bound by CJEU decisions but still applying retained EU principles in domestic contexts.
This dual approach requires you to master both traditional UK constitutional principles and their interaction with the retained EU legal framework, especially when analyzing proportionality in administrative law challenges. Candidates must pass both SQE1 assessments entirely before proceeding to take SQE2, demonstrating comprehensive understanding of these post-Brexit legal changes.
Retained EU Law Hierarchy
Since Brexit’s completion, the fundamental hierarchy of law within the UK has undergone dramatic restructuring that you’ll need to understand for SQE1 success.
The Retained EU Law (Revocation and Reform) Act 2023 has completely reversed the legal hierarchy, with domestic UK law now taking precedence over what’s now called “assimilated law” (formerly retained EU law).
- Domestic enactments now trump assimilated law in all interpretations
- The principle of EU law supremacy has been abolished from UK legal systems
- You’ll need to apply UK statutory interpretation rules, not EU principles
- Ministers now have expanded powers to amend or repeal assimilated law until 2026
- Special preservation mechanisms exist for certain instruments where EU hierarchy is still needed
The Bill introduced a sunset clause targeting over 2,400 retained EU laws to be revoked by 31 December 2023 unless specifically preserved.
Understanding these changes is essential for traversing constitutional questions in your SQE1 assessment.
Judicial Precedent Shifts
While the Brexit shift fundamentally altered the UK’s legal terrain, nowhere is this change more notable than in the area of judicial precedent.
You’ll need to understand that higher courts (Supreme Court and Court of Appeal) now have considerable judicial discretion to depart from CJEU case law, whereas lower courts remain bound by it.
Section 6 of the Retained EU Law Act 2023 creates a two-tier system where precedent departure is possible only at higher levels.
When preparing for SQE1, focus on the criteria courts must consider: whether departure aids “proper development” of UK law and how it affects legitimate expectations of those who’ve relied on existing precedent.
This constitutional shift transforms judges from EU law interpreters to active shapers of domestic legal doctrine, working with abstract benchmarks rather than established conventions.
This transformation potentially undermines the rule of law and legal certainty, as it introduces unpredictability into an area previously characterized by stability and uniformity.
Impact on Legal Practice and Regulation for New Solicitors
As a newly qualified solicitor post-Brexit, you’ll encounter a considerable shift toward regulatory independence as SRA rules replace former EU frameworks governing your practice.
You’ll need to adapt to new limitations on cross-border practice, with automatic rights to advise clients across EU jurisdictions now replaced by country-specific requirements.
These changes fundamentally alter your market mobility and necessitate additional qualifications if you’re planning an international practice, particularly when advising on transactions spanning the UK and EU member states. The SQE1 assessment now requires candidates to demonstrate their functioning legal knowledge through multiple-choice questions covering the revised post-Brexit legal landscape.
Regulatory Independence Shift
Following Brexit, the UK’s legal regulatory environment has undergone a fundamental transformation that’s reshaped how new solicitors enter the profession.
The introduction of the SQE in September 2021 represents a notable shift in regulatory independence, with the SRA now exercising complete authority over qualification standards and assessments.
The regulatory changes have created a more domestically-focused framework that you’ll need to master:
- SRA now has sole authority to set and administer the SQE
- Assessment content prioritizes English and Welsh law over EU regulations
- Syllabus reflects post-Brexit legal standards and domestic priorities
- EU law coverage has been markedly reduced and recontextualized
- The qualification process emphasizes competence in UK-specific legal frameworks
You’ll need to demonstrate proficiency in retained EU law, but within the context of the UK’s evolving constitutional environment, rather than as a primary body of law.
While the LPC will be available until 2032 for those who began their legal education before September 2021, the SQE has become the preferred qualification path for most aspiring solicitors.
Current exemptions are granted to qualified lawyers whose qualifications meet the SRA’s rigorous assessment standards, ensuring all practitioners maintain the required competence to protect consumers.
Cross-Border Practice Limitations
Because of Brexit’s seismic shift in the UK-EU relationship, you’ll face considerable new barriers when attempting to practice across European borders as a newly qualified solicitor.
The post-Brexit implications are severe: you’re now restricted to advising only on UK law and public international law, explicitly excluding EU law—a dramatic reduction from previous rights.
You’ll encounter fragmented regulatory terrains where each member state applies different rules to UK practitioners. Without the Lawyers’ Services and Establishment Directives, your ability to provide temporary services provision across EU borders has been effectively eliminated.
Cross-border limitations mean judgments you obtain in UK courts aren’t automatically enforceable in the EU anymore, making litigation considerably more expensive and complex for your clients.
Instead of the streamlined three-year path to qualification that existed pre-Brexit, you’ll need to traverse individual national requalification procedures if you want to practice EU law—a considerable hurdle for your career mobility.
How Retained EU Law Fits Into the Legal System of England and Wales
While the UK formally left the European Union on January 31, 2020, the legal framework didn’t transform overnight.
Retained EU law (REUL) was created by the European Union (Withdrawal) Act 2018 to guarantee legal continuity. You’ll need to understand how this retained law integration functions within England and Wales as you prepare for SQE1.
- REUL preserves EU law as it stood on December 31, 2020, fundamentally “freezing” it in time.
- Courts interpret REUL according to pre-Brexit CJEU case law, though the Supreme Court can depart from these precedents.
- Since January 2024, REUL has been renamed “assimilated law” with different interpretative principles.
- The scope includes thousands of pieces of legislation across various practice areas.
- EU-derived rights no longer enjoy supremacy over domestic legislation.
The UK government has initiated a major reform to revoke 587 pieces of REUL by the end of 2023, establishing a new regulatory framework that abolishes the principle of supremacy of EU law in the UK legal system.
Qualifying Work Experience Requirements in the Post-Brexit Era
As the legal environment shifted following the UK’s departure from the European Union, the Solicitors Qualifying Examination (SQE) introduced a more flexible approach to qualifying work experience.
You’ll now benefit from a system that allows you to accumulate your required two years across up to four employers, breaking free from the traditional training contract model.
What’s particularly valuable in this post-Brexit setting is the overseas validation option. If you’ve gained legal experience outside England and Wales, it can count toward your qualifying experience, provided it develops the competencies outlined in the SRA’s statement.
International legal experience now holds qualifying value under the SQE framework—a welcome flexibility in our post-Brexit professional landscape.
You’ll need confirmation from an England and Wales solicitor or COLP who’s familiar with your work. This experience can be completed before SQE1 exams or at any point during your qualification journey. While Brexit didn’t fundamentally alter these requirements, the timing coincided with this more inclusive pathway, offering greater flexibility for candidates from diverse legal backgrounds. Candidates can also have their unpaid work count toward the qualifying experience requirement, as long as it is properly verified by a qualified solicitor.
Practical Study Strategies for the Revised EU Law Content
Beyond qualifying work experience, your success on the SQE1 now hinges on mastering the considerably revised EU law content. Focus your study techniques on retained EU law while disregarding new EU developments and Charter provisions. The Retained EU Law Act 2023 has transformed what you’ll need to demonstrate in FLK1 assessments. Understanding that the EU Charter is not incorporated into UK law is crucial for avoiding incorrect application of rights-based arguments in your exam answers.
- Use the latest SQE1 Assessment Specification as your definitive guide
- Practice computer-based mock tests with timed conditions for exam readiness
- Memorize distinctions between retained EU law and pre-Brexit principles
- Integrate ethical considerations across your EU law problem-solving approaches
- Compare retained EU law with domestic adaptations in both English and Welsh contexts
Remember that while weightings remain unchanged, the content shift requires targeted preparation strategies to effectively steer through this constitutional alteration framework.
The Future of EU Law Knowledge for English and Welsh Solicitors
Since Brexit fundamentally altered the legal terrain, your knowledge of EU law must now serve a different purpose than it once did.
You’ll need to approach EU law as foreign law rather than an integrated system, recognizing that you’re now subject to 27+ different regulatory regimes when practicing across Europe.
The future implications of this shift are substantial: you’ll need to master both retained EU law within the UK system and understand how ongoing EU legal developments might affect cross-border work.
Knowledge integration becomes vital as you maneuver through the complex interplay between UK and EU legal frameworks.
You’ll need to strategically leverage your EU law expertise when advising clients with European interests, while remaining acutely aware of the limitations on your practice rights and professional privilege protections in EU jurisdictions. Despite these limitations, England and Wales continue to maintain open jurisdictions for EU and foreign lawyers post-Brexit, providing opportunities for international legal practice.
Final Thoughts
You’re steering through uncharted waters as Brexit has transformed EU law into “retained EU law” within the SQE1. This gentle reshaping requires you to adapt your study approach while understanding the nuanced place these provisions hold in England and Wales’ legal framework. Don’t view these changes as obstacles; they’re opportunities to develop expertise in a uniquely British legal environment that’ll serve you well throughout your solicitor career.