Brexit implementation period—taking of evidence [Archived]

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

  • Brexit implementation period—taking of evidence [Archived]
  • Definitions
  • What is the implementation period?
  • Can the implementation period be extended?
  • What taking of evidence regime applies during the implementation period?
  • Previous drafts of the Withdrawal Agreement
  • After the implementation period

Brexit implementation period—taking of evidence [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained.

This Practice Note considers the rules of taking of evidence 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. It considers whether the implementation period can be extended, whether the taking of evidence regime under Regulation (EC) 1206/2001, the Taking of Evidence Regulation applies during the implementation period, as well as the position after the implementation period.


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

  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

  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

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