Brexit implementation period—considerations for dispute resolution practitioners [Archived]

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

  • Brexit implementation period—considerations for dispute resolution practitioners [Archived]
  • Brexit timeline
  • Withdrawal Agreement 2020—implementation period
  • EU law applicable during the implementation period
  • UK legislation derived from EU law—implementation period
  • Status of retained EU Law—during the implementation period
  • Relevance of Court of Justice decisions to the UK—implementation period
  • Provisions in the Withdrawal Agreement 2020
  • Further general reading
  • Considerations for dispute resolution practitioners—after the implementation period
  • More...

Brexit implementation period—considerations for dispute resolution practitioners [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained.

This Practice Note provides information and guidance on the implementation period and its effect on EU law and UK legislation derived from EU law. It considers retained EU law, what it is and when it will apply. It then considers the relevance of Court of Justice decisions to the UK courts during the implementation period.

For information on the different European institutions referred to in this Practice Note, see Practice Note: Structure and functions of EU institutions and bodies.

For guidance on the implications of the implementation period ending, see Practice Note: Brexit post implementation period—considerations for dispute resolution practitioners.

Brexit timeline

For updates on the process and preparations for Brexit, see Practice Note: Brexit timeline.

Withdrawal Agreement 2020—implementation period

The Withdrawal Agreement 2020 between the UK and the EU is dated 24 January 2020 and is available here.

The Withdrawal Agreement 2020 is defined in the section 39(1) of the European Union (Withdrawal Agreement) Act 2020 (EU(WA)A 2020) as the agreement between the UK and the EU under Article 50(2) of the Treaty on European Union which sets out the arrangements for the UK’s withdrawal from the EU (as that agreement is modified from time to time in accordance with any provision of it).

The Withdrawal Agreement 2020 provides for a transition period

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