The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:
ARCHIVED: This Practice Note has been archived and is not maintained.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:
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 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 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
Free trials are only available to individuals based in the UK
Complete all the fields above to proceed to the next step.
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the COVID-19 outbreak. For updates on key developments and related practical guidance on the implications for lawyers, see Practice Note: Coronavirus (COVID-19)—implications
Drafting—2009 ActThe Perpetuities and Accumulations Act 2009 effectively disapplies the rule against perpetuities from future easements granted on or after 6 April 2010, so a draftsman now need not be concerned to specify a perpetuity period. Any restrictions on the exercise of the easement
Capital allowances on property sales—pre-contract enquiriesThis Practice Note is about capital allowance-related pre-contract enquiries on a property transfer. It applies to the grant of a new property interest (eg a lease) as well as to the acquisition of an existing lease or freehold.For clauses
Perverting the course of justiceElements of the offence of perverting the course of justicePerverting the course of justice is a common law offence which can only be tried on indictment in the Crown Court. The elements of the offence are:•a person acts or embarks on a course of conduct•which has a
0330 161 1234