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ARCHIVED: This Practice Note has been archived and is not maintained.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 impact that Brexit will have on determining the settlement of disputes using either mediation or other forms of Alternative Dispute Resolution (ADR) when the UK exits the EU. It considers the current position under EU directive for mediation is the Mediation Directive 2008/52/EC, the Cross-Border Mediation (EU Directive) Regulations 2011, SI 2011/1133 transposed the directive into the law of England and Wales and relevant EU directive for ADR is the European Directive 2013/11/EU on ADR which amends Regulation (EC) 2006/2004 and Directive 2009/22/EC. ADR for Consumer Disputes (Competent Authorities) Regulations 2015, SI 2015/542 transposed the directive into the law of England and Wales. It then summarises the UK and EU’s respective positions, considers the likely potential outcomes which may arise when the UK exits the EU as well as potential regimes which may assist when seeking to mediate disputes and enforce settlement agreements.
For an understanding of how a deal or no deal position may be reached, the House of Commons Exiting the EU Committee report: The progress of the UK’s negotiations on EU withdrawal (June to September 2018) at para  provides a useful flowchart.
There are different settlement mechanisms which can currently be used when seeking to settle disputes involving the UK and the EU:
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BREXIT: As of exit day (31 January 2020), the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this Practice Note. For further guidance on
The Financial Conduct Authority Handbook (FCA Handbook) includes sourcebooks to regulate the conduct of business by a regulated firm relevant to insurers: the Conduct of Business Sourcebook (COBS) and the Insurance Conduct of Business Sourcebook (ICOBS). This Practice Note considers how these
Codicils may be used for making any alteration in a Will such as to alter the executors or make changes in legacies, whether by addition or deletion but that is by no means their only use. As a general rule, substantial changes are best achieved by means of a new Will and codicils are more
Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners dealing with provisions in the CPR relevant to cross border matters, including CPR 5.4C (discussed below). For guidance on the impact of Brexit on the CPR, see Cross border
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