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Brexit legislation tracker

This Practice Note tracks the progress of UK legislation introduced as part of the legislative project associated with the UK’s withdrawal from the

Exclusion and limitation of liability

This Practice Note considers exclusion and limitation of liability in business-to-business (B2B) contracts. It provides guidance on the common law and

Introduction to the EU GDPR and UK GDPR

Brexit: The Retained General Data Protection Regulation, Retained Regulation (EU) 2016/679 (UK GDPR) regime described in this Practice Note is the UK

Contract variation

This Practice Note summarises the law, guidance and practice relating to the variation of contracts and deeds. It explains how a contract or deed can

Practice notes

Judicial review—how to start proceedings

Key procedural stages in a judicial review claim in the Administrative Court Broadly speaking, and subject to any contrary directions, the key stages...

Produced in partnership with Mathew Purchase of Matrix Chambers and Dr Mirza Ahmad of St Philips Chambers 29th Sep

Practice notes

Judicial review—time limits and the pre-action protocol

When considering whether and how to bring a claim for judicial review, the first step is to consider whether this would be an appropriate means of...

Produced in partnership with Matthew Purchase of Matrix Chambers and Dr Mirza Ahmad of St Philips Chambers 29th Sep

Practice notes

Separation of powers—legislative, executive and judiciary

Source of the doctrine of the separation of powersThe origins of the doctrine are often traced to John Locke’s Second Treatise of Government (1689),...

27th Sep

Practice notes

Brexit timeline [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained. On 23 June 2016, the UK held a referendum on its membership of the EU, with a...

26th Sep

Brexit

Practice notes

Judicial review—interested parties and interveners

Interested partiesIn the context of judicial review, an interested party is 'any person (other than the claimant and defendant) who is directly...

26th Sep

Practice notes

EU public procurement case tracker

The EU public procurement case tracker records and summarises the most recent European case law developments relating to public procurement. This...

26th Sep

Practice notes

Introduction to public contracts procurement

Brexit impact—public procurementThe UK public procurement regime derives from EU public procurement laws, and is therefore impacted by the UK’s...

26th Sep

Practice notes

Introduction to utilities contracts procurement

Brexit impact—public procurementThe UK public procurement regime derives from EU public procurement laws, and is therefore impacted by the UK’s...

25th Sep

Practice notes

Remedies: overview of direct, indirect effect and state liability

Brexit: This Practice Note contains guidance on subjects impacted by the UK’s withdrawal from the EU. As of 31 January 2020 (exit day), the UK is no...

25th Sep

Practice notes

Sources of constitutional law

Brexit: This Practice Note contains guidance on subjects impacted by the UK’s withdrawal from the EU. As of 31 January 2020 (exit day), the UK is no...

25th Sep

Practice notes

Challenging a public procurement award—procedures, remedies and time limits

Brexit impact—public procurementThe UK public procurement regime derives from EU public procurement laws, and is therefore impacted by the UK’s...

25th Sep

Practice notes

Parliamentary supremacy—implied repeal

Essential to Parliament’s legislative supremacy is the principle that Parliament is not bound by its predecessors, and cannot bind its successors. It...

25th Sep

Practice notes

Parliamentary supremacy the enrolled bill rule

It is not possible to successfully argue that an Act of Parliament is invalid because of flaws, or even fraud, in the legislative process.Early...

25th Sep

Practice notes

Public procurement—key considerations

A contracting authority procuring a public contract above a certain financial threshold must use one of the permitted procurement procedures set out...

25th Sep

Practice notes

Methods of statutory interpretation used to resolve ambiguities in legislation

Brexit: This Practice Note contains guidance on subjects impacted by the UK’s withdrawal from the EU. As of 31 January 2020 (exit day), the UK is no...

25th Sep

Practice notes

Convention rights

The European Convention on Human Rights (ECHR) was adopted by the Council of Europe in 1950. The ECHR sets out the rights and freedoms which the...

25th Sep

Most recent Key developments and materials content

Q&As

I need to serve a claim form and I am up against a limitation period. I think I can rely on section 7 of the Interpretation Act 1978 to prove that I have served it. Is that right? If so, does the section apply to DX as well as the postal service?

The structure of the Civil Procedure Rules 1998 (CPR) is that there is deemed service on the second business day after the completion of the relevant...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 28th Sep

Q&As

What steps can I take if I am unable to serve a claim form in time due to coronavirus (COVID-19) affecting the postal service?

View from the bar on serving claim forms during coronavirus (COVID-19).Chris Bryden, 4 King’s Bench WalkCPR 6 sets out the rules relating to service...

Produced in partnership with Jonathan Edwards and Chris Bryden of 4 King’s Bench Walk 28th Sep

COVID-19

Q&As

Coronavirus (COVID-19)—what are the arrangements for contacting courts which are now ‘temporarily suspended’ but which were dealing with ongoing and/or urgent applications?

The coronavirus (COVID-19) pandemic is causing severe difficulties in the operation of the court estate. As of 27 March 2020, HMCTS confirmed that the...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 28th Sep

COVID-19

Q&As

Following a ‘no deal’ Brexit (and assuming there is no adequacy decision in respect of the UK), might a controller in a remaining EU Member State transfer personal data from that EU state to the UK using appropriate safeguards?

For the purposes of this Q&A we have focused solely on:•the question asked regarding the use of appropriate safeguards to transfer personal data from...

28th Sep

Brexit

Q&As

What will be the impact of Brexit on UK national database rights? What might be ahead for UK database rightholders who have created databases deployed in the EU and for EU27 nationals and EU27 companies who have had or require legal protection of databases in the UK?

1. Following Brexit, will the UK need specific legislation for UK national database rights if the EU right no longer applies?Rights in databases exist...

Produced in partnership with Joshua Marshall of Fieldfisher 28th Sep

Brexit

Q&As

When can a public authority apply for a grant under the coronavirus (COVID-19) job retention scheme?

For information on the coronavirus (COVID-19) job retention scheme (CJRS) generally, see Practice Note: Coronavirus job retention scheme.The HMRC...

28th Sep

COVID-19

Q&As

How will UK copyright law look post-Brexit?

Current position:Copyright law in the UK has been harmonised substantially through various EU directives, but is less harmonised than other areas of...

Produced in partnership with Guy Tritton of Hogarth Chambers 28th Sep

Brexit

Q&As

What is the impact of Brexit on international transfers of personal data?

This Q&A looks at the impact of Brexit on cross-border transfers of personal data involving the UK and EEA, under the General Data Protection...

28th Sep

Brexit

Q&As

Is it possible to access previous versions of legislation that have been amended or revoked statutory instruments etc?

Online historical versions for over 2,400 enactments can be accessed on LexisLibrary. These are predominantly acts and a small number of statutory...

29th Sep

Q&As

How can I ensure my organisation and staff stay safe while using video-conferencing during the coronavirus (COVID-19) pandemic?

With the urgent move to home working, and the challenges of keeping in touch with family and friends caused by coronavirus (COVID-19) social...

29th Sep

Q&As

Are you aware of any other provision in the Data Protection Act 2018/ UK law which makes it clear that the UK will not be classed as a 'third country' for the purpose of its own domestic law, or is this primarily through implication?

In this Q&A, the regime under Article 44 of Chapter V of the General Data Protection Regulation (the GDPR), Regulation (EU) 2016/679 once incorporated...

29th Sep

Q&As

What is prorogation of Parliament?

What is prorogation of Parliament?Prorogation is an act which marks the end of a parliamentary session without the dissolution of Parliament. It...

29th Sep

Q&As

In the context of Brexit, what is meant by the ‘transition or implementation period’?

The term ‘transition or implementation period’ is used in the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland...

29th Sep

Brexit

Q&As

How do I sign up for Brexit alerts?

Brexit news and analysis in Lexis®PSLYou can receive Brexit news updates and analysis by signing up for alerts within Lexis®PSL. Brexit related news...

29th Sep

Brexit

Q&As

What is the UK Conformity Assessed product mark and what does it mean for manufacturers selling products in the UK and the EU after Brexit?

This Q&A relates to a new product safety marking for manufacturers to demonstrate that their goods comply with applicable regulations for the UK...

Produced in partnership with Victoria Hewson of Institute of Economic Affairs 29th Sep

Q&As

What is the UK position under the WTO Government Procurement Agreement before and after Brexit?

The UK’s position under the World Trade Organization Agreement on Government Procurement (WTO GPA), a plurilateral agreement providing access to...

Produced in partnership with Eric White of Herbert Smith Freehills 29th Sep

Brexit

Q&As

Could the Brexit transition period be extended due to coronavirus (COVID-19)?

Responding to the coronavirus (COVID-19) pandemic is impacting government priorities across Europe and beyond.In light of COVID-19 developments and...

29th Sep

Brexit

COVID-19

Q&As

Can a contracting authority make a direct award under a Dynamic Purchasing System?

What is a DPS?A Dynamic Purchasing System (DPS) allows a contracting authority to purchase goods, services and works for which they have a regular...

29th Sep

Q&As

In a no-deal Brexit scenario where personal data will be transferred by an EU controller to a UK processor and that processor will then transfer the personal data to a subprocessor outside the UK and EU, Model Clauses in place between the EU controller and the UK processor will require the processor to impose the same obligations as in those Model Clauses on the subprocessor (or that the subprocessor co-signs those Model Clauses). Does there also need to be Model Clauses in place between the EU controller and the (non-UK and non-EU) subprocessor?

This Q&A considers the hypothetical scenario in which the UK leaves the EU and EEA, without any deal regarding a transition period, from the...

Produced in partnership with JP Buckley of DWF LLP 29th Sep

Brexit

Q&As

Many Brexit SIs contain references to exit day, but in light of the implementation period, is there a general provision that says you must read ‘exit day’ as ‘IP completion day’ or will the government need to issue separate correcting legislation?

We refer you to News Analysis: Brexit Bulletin—key updates, research tips and resources, in particular section: What happens to Brexit SIs during the...

29th Sep

Brexit