The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:
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.
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 and was 31 January 2020
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, ie 31 December 2020
Joint Committee—is defined in Article 164(1) of the Withdrawal Agreement
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
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