No deal Brexit—applicable law
No deal Brexit—applicable law

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

  • No deal Brexit—applicable law
  • Determining applicable law in EU Member States
  • Determining applicable law in the UK courts
  • Retained EU legislation
  • Status of case law interpreting Rome I and Rome II

STOP PRESS: This Practice Note is under review to consider the impact of the UK and the EU entering into the Withdrawal Agreement. The Withdrawal Agreement provides for a transition or implementation period commencing on 31 January 2020. For guidance on the implications for applicable law during this period, see Practice Note: Brexit implementation period—applicable law.

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.

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