Brexit implementation period—service of documents [Archived]
Brexit implementation period—service of documents [Archived]

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

  • Brexit implementation period—service of documents [Archived]
  • 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

ARCHIVED: This Practice Note has been archived and is not maintained.

This Practice Note considers the rules of service as they will apply in the time period between the UK ‘s departure from the EU on 31 January 2020 and the end of the implementation period ie 31 December 2020, referred to by the EU as the transition period. It considers whether the implementation period can be extended, whether the service regime under Regulation (EC) 1393/2007, the Service Regulation applies during the implementation period as well as how to avoid uncertainty with service through the use of process server clauses.

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

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