Brexit

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Following a national referendum, the UK withdrew its membership from the EU on 31 January 2020. The EU and UK domestic legal landscape has continued to change throughout the withdrawal process, transition/implementation period and beyond.

The UK is now in the post-transition/implementation phase of Brexit. Brexit-related research is still relevant as the implementation of Brexit-related policy, agreements and legislation remains ongoing after the event.

We are reviewing our content on the basis of information available and keeping it under regular review. In the meantime, this subtopic contains background reading, commentary and analysis on this subject and links to related guidance and policy documents.

EU referendum

On 23 June 2016, the UK held a referendum on its membership of the EU. In accordance with the European Union Referendum Act 2015 (EURA 2015), voters were asked:

‘Should the UK remain a member of the EU or leave the EU?’

On 24 June 2016, the Chief Counting Officer for the EU referendum confirmed the result:

  1. •

    51.9% of votes (17,410,742) were cast in favour of 'Leave'

  2. •

    48.1% of votes (16,141,241) were cast in favour of 'Remain'

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Latest Family News

Navigating deputyship and trust corporation suitability (Enable & Thrive Ltd v The Public Guardian)

Private Client analysis: The applicant, Enable & Thrive Ltd, made an application to be appointed as a property and affairs deputy for an individual known as AB. The court considered the issues around the appointment of corporations as deputies, referring to what is known as ‘The First Judgment’ in Various Incapacitated Persons and the Appointment of Trust Corporations as Deputies. The First Judgment outlined the categories into which trust corporations fall for these purposes. In this instance, the application concerned a type of trust corporation not previously the subject of these proceedings: a ‘Category 3’ trust corporation. The distinctive feature of these types of trust corporations is that they have no external independent regulatory oversight. The court therefore had to evaluate how far the limited oversight could impact upon an applicant’s suitability to be appointed as a deputy, eventually concluding that Enable & Thrive Ltd, insofar as they were able to give certain undertakings identified in The First Judgment, were a suitable entity to be appointed as the property and affairs deputy for AB. Written by Lauren Gale, associate at Gardner Leader LLP.

New requirement to upload divorce documents with final consent order to conclude contested financial proceedings

HM Courts and Tribunals Service has introduced a mandatory requirement for legal representatives to upload the latest divorce document when submitting a final consent order via the online system for contested financial remedy. This follows system enhancements designed to improve judicial efficiency.

Capacity to Marry—Clarification in Principle, Complexity in Practice (Stockport Metropolitan District Council v EKK)

Private Client analysis: In this case, the court confirmed that capacity to marry is determined on an ‘act’ or ‘status’ specific basis, rather than by reference to the individual that P wishes to marry. The court made this preliminary issue determination as part of ongoing proceedings under the Mental Capacity Act 2005 (MCA 2005), brought by Stockport Metropolitan District Council (‘Stockport’) regarding EKK, a woman in her eighties who expressed a consistent desire to marry ID, her partner of almost ten years. Written by Ellie Mullett, barrister, at 39 Essex Chambers.

ILPA blog highlights need for early immigration advice in overseas surrogacy arrangements

Immigration Law Practitioners’ Association (ILPA) has published a blog post by Alexander Finch and Keelin McCarthy examining international surrogacy and the associated immigration and nationality implications. The authors warn that UK nationals and residents are increasingly entering into international surrogacy arrangements without fully understanding the immigration and nationality consequences for any future child or obtaining specialist advice at an early stage. They also note that the Family Court has expressed concern that intended parents often embark on overseas arrangements without appreciating how foreign legal frameworks interact with UK rules on parentage, nationality and immigration.

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