The following Public Law practice note Produced in partnership with Adam Cygan of University of Leicester provides comprehensive and up to date legal information covering:
ARCHIVED: This Practice Note has been archived and is not maintained.
As of 31 January 2020 (exit day), the UK is no longer an EU Member State and its relationship with the EU is governed by the Withdrawal Agreement, which came into effect on 1 February 2020.
In accordance with the Withdrawal Agreement, on exit day the UK entered an implementation period, during which it continues to be treated as a Member State for many purposes, including trade. As a third country, the UK can no longer participate in the EU’s political institutions, agencies, offices, bodies and governance structures (except to the limited extent agreed), but the UK must continue to adhere to EU law and submit to the continuing jurisdiction of the Court of Justice of the European Union in accordance with the transitional arrangements in the Withdrawal Agreement. The UK can enter into trade talks with non-EU countries as an independent trading nation, provided any trade agreements concluded with third countries do not enter into force during the transition period. For background reading, see: Brexit—introduction to the Withdrawal Agreement.
We are reviewing our content on the basis of information available and will keep it under review during the implementation period. Meanwhile, for updates on key Brexit developments and the implications for UK lawyers, see: Brexit Bulletin—key updates, research tips and resources. For further guidance, see:
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BREXIT: As of exit day (31 January 2020), the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this Practice Note. For further guidance on
There may be times when, rather than assigning the benefit of an agreement to a third party, the original parties wish instead to end their obligations to each other under that agreement and, in effect, recreate it, with the third party stepping into the shoes of one of the original parties. This is
What is recklessness?In respect of some statutory offences and common law crimes the prosecution are required to prove a mental element of recklessness on the part of the defendant.Recklessness means unjustified risk taking on the part of the accused.Prior to the House of Lords decision in Re G
This Practice Note considers the doctrine of forum non conveniens, also referred to as the appropriate forum or the proper place for a dispute to be determined. This doctrine is of relevance when determining whether the courts of England and Wales have jurisdiction to hear a dispute and is applied
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