Brexit implementation period—service of documents
Brexit implementation period—service of documents

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

  • Brexit implementation period—service of documents
  • Definitions
  • What is the implementation period?
  • Can the implementation period be extended?
  • Service considerations that arise during the implementation period—EU Member States
  • Service considerations that arise during the implementation period—Lugano Convention States
  • After the implementation period
  • How to avoid uncertainty with service—use of process server clauses

This Practice Note considers the rules of service and how they are impacted by Brexit. It explains why the Regulation (EC) 1393/2007, the Service Regulation continues to 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.

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.

Definitions

This Practice Note using a number of definitions:

  1. European Union (Withdrawal) Act 2018—EU(W)A 2018

  2. European Union (Withdrawal Agreement) Act 2020—EU(WA)A 2020

  3. exit day—is defined in EU(W)A 2018, s 20 and was 31 January 2020

  4. 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’

  5. IP completion day—is defined in EU(WA)A 2020, s 39, ie 31 December 2020

  6. Joint Committee—is defined in Article 164(1) of the Withdrawal Agreement

  7. Withdrawal Agreement—is defined in the EU(WA)A 2020, s 39(1) 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 came into force on 31 January 2020.

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