The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:
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This Practice Note considers the rules of European cross border processes as they will apply between the UK’s departure from the EU on 31 January 2020 and the end of the implementation period, referred to by the EU as the transition period. The rules are set out in Regulation (EC) 805/2004, European Enforcement Orders (EEO), Regulation (EC) 1896/2006, European Payment Orders (EPO) and Regulation (EC) 861/2007, European Small Claims Procedure (ESCP). Note that Regulation (EC) 1896/2006, EPO and Regulation (EC) 861/2007, ESCP were both amended by Regulation (EU) 2015/2421.
For a quick reference Brexit research aid that answers key questions on Brexit and includes helpful Brexit updates, research tips and resources, see: Brexit Bulletin—key updates, research tips and resources.
The Practice Note considers whether the implementation period can be extended, whether the regimes for the various European cross border processes apply during the implementation period, as well as the position after the implementation period.
This Practice Note using a number of definitions:
European Union (Withdrawal) Act 2018—EU(W)A 2018
European Union (Withdrawal Agreement) Act 2020—EU(WA)A 2020
exit day—is defined in EU(W)A 2018, s 20
implementation period—is defined in EU(WA)A 2020, s 1. ‘Implementation period’ is the UK’s preferred term, while the EU refers to this period as the ‘transition period’
IP completion day—is defined in EU(WA)A 2020, s 39
Joint Committee—is defined
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