Brexit—applicable law and jurisdiction—consumer contracts and disputes
Brexit—applicable law and jurisdiction—consumer contracts and disputes

The following Commercial practice note provides comprehensive and up to date legal information covering:

  • Brexit—applicable law and jurisdiction—consumer contracts and disputes
  • What happens to Brexit SIs during the implementation period?
  • General Brexit developments
  • Applicable law
  • UK position—pre-exit day
  • UK position—during the implementation period
  • UK position—after IP completion day
  • EU position—after IP completion day
  • Jurisdiction
  • UK position—pre-exit day
  • More...

This Practice Note considers the effect of Brexit on the rules for determining applicable law (also known as governing law) and jurisdiction in the context of consumer contracts and disputes.

As of exit day, the UK ceased to be an EU Member State and entered an implementation period, during which it continues to be subject to EU law. Transitional provisions in the UK legislation implementing the Withdrawal Agreement, namely the European Union (Withdrawal Agreement) Act 2020 (EU(WA)A 2020), therefore amend the European Union (Withdrawal) Act 2018 (EU(W)A 2018) so that EU law continues to take effect in accordance with the Withdrawal Agreement during this time.

For the purpose of this Practice Note:

  1. ‘exit day’ means 31 January 2020 at 11pm

  2. ‘implementation period’ means the period which runs from exit day until IP completion day

  3. ‘IP completion day’ means 31 December 2020 at 11 pm (although note this may change)

  4. ‘retained EU law’ means the EU-derived rights and legislation the UK plans to preserve in UK law after IP completion day

For further information, see:

  1. Practice Note: Brexit—introduction to the Withdrawal Agreement

  2. Practice Note: Introduction to retained EU law

  3. Q&A: In the context of Brexit, what is meant by the ‘transition or implementation period’?

This Practice Note considers the UK and EU position in respect of determining applicable law and jurisdiction in consumer contracts and disputes before exit day,

Related documents:

Popular documents