Brexit implementation period—considerations for PI & Clinical Negligence claims
Brexit implementation period—considerations for PI & Clinical Negligence claims

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

  • Brexit implementation period—considerations for PI & Clinical Negligence claims
  • 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
  • Considerations for PI and clinical negligence practitioners—after the implementation period

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.

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 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 in Article 126. Article 126 provides:

‘Transition Period

There shall be a transition or implementation period, which shall start on the date of entry into force of this Agreement and end on 31 December 2020.’

The end of this period is known as the IP completion day. The transition period makes provision for arrangements between the UK and the remaining EU Member States during the

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