Brexit—considerations for dispute resolution practitioners
Brexit—considerations for dispute resolution practitioners

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

  • Brexit—considerations for dispute resolution practitioners
  • Brexit timeline
  • European Union (Withdrawal) Act 2018
  • Brexit Withdrawal Agreement
  • Brexit—no deal
  • Brexit transition period
  • Government report/papers on dispute resolution and enforcement
  • Civil judicial co-operation—approach
  • Court of Justice
  • Dispute resolution clauses
  • more

This Practice Note outlines the likely impact of the UK leaving the European Union (EU) for dispute resolution practitioners. It summarises the UK’s and EU’s respective positions and considers the likely potential outcomes, based on the information available, for such issues. It also sets out the key practical considerations for litigators arising from the UK’s decision to withdraw from the EU.

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

Brexit timeline

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

European Union (Withdrawal) Act 2018

EU(W)A 2018 is an act to repeal ECA 1972 and make other provision in connection with the withdrawal of the UK from the EU. Some of the provisions are already in force. The provisions include the regulation-making power which allows regulations to be made to create exceptions from the general rule, which prevents challenges to retained EU law post-Brexit on the grounds that an EU instrument was invalid. Transitional provisions are also made in relation to certain enactments.

The following provisions may have an impact for Dispute Resolution lawyers once they come into force:

Section 2—saving for EU-derived legislation

Not yet in force.

EU(W)A 2018, s 2 provides that EU derived domestic legislation, as it has effect