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

The following Personal Injury guidance note provides comprehensive and up to date legal information covering:

  • Brexit—considerations for personal injury claims
  • Brexit timeline
  • European Union (Withdrawal) Act 2018
  • Brexit Withdrawal Agreement
  • Brexit—no deal
  • Brexit transition period
  • Court of Justice
  • Choice of law in foreign accident claims
  • Impact on workplace accident and disease claims
  • Product liability and the Consumer Protection Act
  • more

This Practice Note outlines the likely impact of the UK leaving the EU for personal injury 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 personal injury practitioners arising from the UK’s decision to withdraw from the EU.

Brexit timeline

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

European Union (Withdrawal) Act 2018

European Union (Withdrawal) Act 2018 (EU(W)A 2018) is an act to repeal European Communities Act 1972 (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 Personal Injury 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 in domestic law immediately before exit day, continues to have effect in domestic law