No deal Brexit—applicable law [Archived]
No deal Brexit—applicable law [Archived]

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

  • No deal Brexit—applicable law [Archived]
  • Determining applicable law in EU Member States
  • Prior to exit day
  • On or after exit day—EU position
  • On or after exit day—EU position on consumer contracts
  • Which regime applies to determine applicable law?
  • Determining applicable law in the UK courts
  • On or after exit day—UK position
  • Which regime applies to determine applicable law?
  • Retained EU legislation
  • More...

ARCHIVED: This Practice Note has been archived and is not maintained.

This Practice Note covers the situation at the end of the implementation period following the UK leaving the EU. During the implementation period that starts on exit day ie the day the UK leaves the EU, the provisions in the withdrawal agreement will apply. For guidance, on the implementation period and the impact of the withdrawal agreement on service, see Practice Note: Brexit implementation period—applicable law [Archived].

This Practice Note considers the effect of the UK leaving the EU without a deal on determining which law to apply when dealing with a dispute ie the applicable law (also known as governing law). The key UK regulation dealing with no deal Brexit and applicable law is The Law Applicable to Contractual Obligations and Non-Contractual Obligations (Amendment etc) (EU Exit) Regulations 2019, SI 2019/834 which amends two EU regulations dealing with applicable law so as to bring them within UK law. The two EU regulations are Regulation (EC) 593/2008, Rome I which applies when dealing with contractual obligations and Regulation (EC) 864/2007, Rome II which applies when dealing with non-contractual obligations. The EU Member States apply these EU regulations irrespective of the countries involved in the dispute as there is no requirement for reciprocity. As a consequence, if the UK leaves the EU with no deal, each

Related documents:

Popular documents