Pensions News Analysis—Brexit toolkit Pensions Brexit News Analysis Date News Analysis Brief description of News Analysis 14 July 2020 An attractive regime for governing jurisdiction post-Brexit The UK recently requested to join the Lugano Convention 2007 (Lugano Convention), which is the UK’s preferred regime for governing questions of jurisdiction and the enforcement of judgments with EU countries post-Brexit. These rules will be critically important for all parties when they consider which jurisdiction clauses to include in their contracts. Oliver Browne, Sebastian Seelmann-Eggebert and Thomas Watret, partners and associate at Latham & Watkins LLP explain what the Lugano Convention is, provide an update on recent developments in the accession process, and highlight some important differences between the Lugano Convention and the current regime. 13 July 2020 Retained EU law and lower courts—government consultation On 2 July 2020, the Ministry of Justice published a consultation paper. It concerns the circumstances in which UK courts and tribunals might depart from retained EU case law. Graeme Cowie, researcher at the House of Commons Library, specialising in Brexit and the constitution, explains the consultation’s policy context and what its proposals could mean for UK courts after the Brexit transition period has ended. 6 July 2020 UK Brexit divorce bill ‘rises €2bn’ over EU pension deficits Birmingham City University’s Centre for Brexit Studies outlined on 2 July 2020 that the liabilities of a defined benefit
Brexit timeline On 23 June 2016, the UK held a referendum on its membership of the EU, with a majority voting in favour of the UK leaving the EU. On 29 March 2017, the UK Prime Minister gave formal notification of the UK's intention to withdraw from the EU, commencing the withdrawal process under Article 50 TEU. At 11 pm on 31 January 2020 (exit day), the UK’s formal withdrawal from the EU took effect and the UK ceased to be an EU Member State. Exit day marked the end of the withdrawal period under Article 50 TEU and the start of a time-limited transition/implementation period, during which the transitional arrangements provided in Part 4 of the Withdrawal Agreement applied. The transitional arrangements provided a standstill period during which the UK and EU worked to implement the Withdrawal Agreement and negotiate an agreement on the legal terms of their future relationship, to take effect after the transition period. The EU-UK Trade and Cooperation Agreement (TCA) was agreed on 24 December 2020, one week before the transition period ended at 11 pm on 31 December 2020 (IP completion day). This Practice Note sets out a timeline of key events and updates (in reverse chronological order) in the post-transition period, focussing in particular on the implementation of the TCA and associated agreements, follow-up actions in respect of the Withdrawal Agreement
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What guidance is available to prepare for no deal Brexit? As things stand, if the UK and EU fail to agree and ratify an international treaty setting out the legal terms of the UK’s withdrawal from the EU, the legal default position is that the EU Treaties will cease to apply to the UK automatically at the end of the withdrawal period by operation of Article 50 TEU and the UK will cease to be a Member State on exit day in accordance with the European Union (Withdrawal) Act 2018. This Brexit Q&A outlines the range of stakeholder guidance available from the UK and EU, to help individuals and organisations prepare for Brexit, focussing in particular on preparations for the UK exiting the EU without a deal in place. Lawyers are monitoring this guidance carefully to help their clients to prepare. UK government guidance on no deal Brexit As well as introducing legislation to help prepare the UK statute book for Brexit, in the second half of 2018, the government began publishing a number of technical notices designed to inform individuals, businesses and public bodies in the UK of the key legal and practical implications of exiting the EU in March 2019 without a deal in place. The notices address a broad range of subjects crossing most areas of legal practice: • Applying for EU-funded programmes • Driving and transport
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EU Law analysis: The claimant, a British citizen, challenged rules in French law which prevented her from voting in France following the UK leaving the EU on 31 January 2020. She argued that the fact she had resided in France since 1984 and had been an EU citizen meant that she should continue to be able to vote in France in local and European elections. In addition, she claimed that because she could not vote in the UK by virtue of having resided outside the UK for more than 15 years meant that it was disproportionate to deprive her of the right to vote in France. Following a reference to the Court of Justice, the court ruled that UK citizens lost their status as EU citizens when the UK left the EU. As third country citizens, UK citizens no longer had rights of EU citizens. The implications of rules of UK law could not affect the court’s assessment of the lawfulness of the consequences of the Withdrawal Agreement. Written by Denis Edwards, barrister, Normanton Chambers.
Corporate Crime analysis: Following the ruling of the Court of Justice that Ireland is bound by the Withdrawal Agreement (WA) and the EU-UK Trade and Cooperation Agreement (TCA) in respect of extradition arrangements with the UK, Áine Kervick, senior associate at Kingsley Napley, analyses the relevance of this judgment for extradition arrangements post-Brexit.
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