Brexit—applicable law and jurisdiction—consumer contracts and disputes [Archived]

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

  • Brexit—applicable law and jurisdiction—consumer contracts and disputes [Archived]
  • Background
  • Applicable law
  • UK position—pre-exit day
  • UK position—during the implementation period
  • UK position—post-IP completion day
  • EU position—post-IP completion day
  • Jurisdiction
  • UK position—pre-exit day
  • UK position—during the implementation period
  • More...

Brexit—applicable law and jurisdiction—consumer contracts and disputes [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained.

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.

Background

On 31 January 2020 (exit day), the UK ceased to be an EU Member State and lost its entitlement to participate in the political institutions and governance structures of the EU. In accordance with the transitional arrangements provided in Part 4 of the Withdrawal Agreement, exit day marked the commencement of an 11-month implementation period during which the UK continued to be treated by the EU as a Member State for many purposes.

The implementation period ran until 11 pm on 31 December 2020, a point known as IP completion day. During the implementation period, the UK was obliged to adhere to its obligations under EU law (including EU treaties, legislation, principles and international agreements), and submit to the continuing jurisdiction of the Court of Justice of the European Union in accordance with the Withdrawal Agreement.

Exit day is still significant in terms of being the date the UK ceased to be an EU Member State, but in terms of the legal impact, IP completion day is the date that the majority of key domestic legal changes associated with Brexit took

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