Brexit and assimilated law

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The UK’s departure from the EU raised wide ranging implications for Dispute Resolution practitioners. This subtopic seeks to provide guidance on the implications and how the continue to impact practitioners.

Tools

When considering issues arising out of the UK leaving the EU, the following tools provide assistance:

  1. •

    Practice Note: Brexit—dispute resolution—Q&As which contains Q&As covering a range of issues concerning the implications of the UK’s departure from the EU

  2. •

    Practice Note: The status of EU law in the UK after Brexit [Archived]

  3. •

    Practice Note: Dispute Resolution News Analysis—Brexit

Assimilated law

The European Union (Withdrawal) Act 2018, in connection with Brexit, introduced retained EU law (REUL) and associated terms. Since 1 January 2024, any REUL that remains in force has been known as ‘assimilated law’, in accordance with section 5 of the Retained EU Law (Revocation and Reform) Act 2023 (REUL(RR)A 2023). It is generally to be interpreted according to ordinary domestic law and principles. REUL(RR)A 2023 also introduced new tests for courts considering whether to depart from assimilated case law, and procedures for dealing with

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Latest Dispute Resolution News

Amendments to UKSC and JCPC Practice Directions

Practice Directions for the UK Supreme Court (UKSC) and the Judicial Committee of the Privy Council (JCPC) were amended on 22 December 2025. The principal change reflects routine online publication of Statements of Facts and Issues and Written Cases. These documents no longer need to include counsel’s signature; a printed name is sufficient, and signature wording has been removed from the relevant Practice Direction paragraphs and the Electronic Bundle guidance.

Covert recordings of neuropsychological testing (Celikdemir v PGR Timber Ltd)

PI & Clinical Negligence analysis: In a personal injury claim, the court was faced with an application by the claimant to rely on a covert recording of the neuropsychological testing administered by the defendant’s expert and a subsequent report produced by the claimant’s expert critiquing the defendant’s expert’s approach. After considering the relevant legal principles, including the earlier case of Mustard v Flower & Ord as well as the factual issues weighing on either side of the balance in the present case, His Honour Judge Shanks (sitting as a Deputy High Court Judge) decided to admit the evidence. This case is therefore a further endorsement, albeit somewhat reluctantly, of covert recordings of medical expert assessments, which is now becoming common practice in personal injury litigation. Written by Peter Hale, barrister at 12 King's Bench Walk

Belgian Supreme Court upholds the application of the 2005 Hague Convention to exclusive choice of court agreements concluded during the Brexit transition period

Dispute Resolution analysis: In a landmark ruling on 27 March 2025 (available in French here), the Belgian Supreme Court (Cour de cassation/Hof van Cassatie) confirmed that exclusive choice of court agreements designating the courts of the UK, concluded during the Brexit transition period, remain governed by the Hague Convention of 30 June 2005 on Choice of Court Agreements (Hague Choice of Court Convention). This case brings judicial clarification to a long-standing uncertainty that had emerged in the wake of Brexit as regards the temporal application of the Hague Choice of Court Convention. The Court expressly held that it is applicable to the UK ‘without any reasonable doubt’ from 1 October 2015 to 31 December 2020 as a State bound via the EU’s approval, and from 1 January 2021 as a Contracting Party. In this article Cedric Berckmans, Adrien Willocx, Victoria Hobbs and Louise Lanzkron of Bird & Bird consider the significance of this case to exclusive jurisdiction agreements concluded during the Brexit transition period and how the enforcement landscape between the EU and the UK has evolved since.

Getty wins permission to appeal Stability AI copyright case

Law360, London: Getty Images Inc on 16 December 2025 won its application to revive part of its copyright infringement claim against Stability AI Ltd, with a London court concluding the case raised an important question about generative models that should be considered by the Court of Appeal.

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