Brexit—considerations for personal injury claims
Brexit—considerations for personal injury claims

The following PI & Clinical Negligence guidance note provides comprehensive and up to date legal information covering:

  • Brexit—considerations for personal injury claims
  • Brexit timeline
  • EU law in the UK
  • Court of Justice
  • European Union (Withdrawal) Act 2018
  • Choice of law and jurisdiction in foreign accident claims
  • Impact on workplace accident and disease claims
  • Product liability and the Consumer Protection Act
  • Road traffic accidents
  • Package holiday claims
  • more

This Practice Note outlines the likely impact of the UK leaving the EU for personal injury practitioners. It sets out the key practical considerations for personal injury practitioners arising from the UK’s withdrawal from the EU.

As of 11 pm on 31 January 2020 (exit day), the UK is no longer subject to the EU Treaties as it is no longer an EU Member State. The UK’s relationship with the EU is now governed by the Withdrawal Agreement, an international treaty negotiated by the UK and the EU under Article 50 of the Treaty on European Union.

The European Union (Withdrawal) Act 2018 (EU(W)A 2018) is an act to repeal the European Communities Act 1972 (ECA 1972) and to introduce provisions to avoid the legal vacuum that would be created by EU law ceasing to be applicable in the UK, given that much of our law has come from the EU through the EU Treaties. As enacted, the EU(W)A 2018 made no provision for an implementation period.

The European Union (Withdrawal Agreement) Act 2020 (EU(WA)A 2020) was passed on 23 January 2020 and contains a mix of amendments to the EU(W)A 2018 together with a number of substantive provisions. It amends the EU(W)A 2018 to accommodate the implementation period set out in the Withdrawal Agreement, under which the UK will continue to be bound