The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:
This Tracker is designed to assist dispute resolution (DR) practitioners in keeping up-to-date with relevant domestic legislation concerning the UK’s departure from the EU.
Various (EU Exit) regulations (also known as Brexit SIs) have been laid in preparation for the UK’s departure from the EU. The key Brexit SIs for dispute resolution lawyers are considered in this tracker. For details of all Brexit SIs, see Practice Note: Brexit legislation tracker.
Note: the terms ‘EU (Exit) regulation’ and ‘Brexit SI’ are used interchangeably in this Practice Note.
All of the Brexit SIs were drafted to come into force by reference to exit day (being 31 January 2020 at 11pm). Following amendment by European Union (Withdrawal Agreement) Act 2020 (EU(WA)A 2020), which implemented the Withdrawal Agreement in the UK, the in force date for these regulations was deferred until IP completion day (EU(WA)A 2020, Sch 5 Pt 1, para 1(1)). The amendment gave rise to an inconsistency as it only appeared to affect the in force date and not any other references to ‘exit day’ within the regulation.
For detailed guidance, see News Analysis: Brexit Bulletin—key updates, research tips and resources—What happens to Brexit SIs during the implementation period?, as well as Q&A: Many Brexit SIs contain references to exit day, but in light of the implementation period, is there a general provision that says you must
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