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ARCHIVED: This Practice Note has been archived and is not maintained.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

What is the status of the UK’s World Trade Organization (WTO) schedules for goods and services?

Under the World Trade Organization (WTO) Agreement, the limitations on the tariffs that a WTO member can apply on the import of goods and its...

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

Brexit

Q&As

What volume of Brexit-related legislation is anticipated before IP completion day?

This Q&A briefly outlines the key Brexit-related legislation announced by the UK government, highlighting legislation passed, progressing and pending...

29th Sep

Brexit

Q&As

How is prorogation of Parliament relevant to Brexit?

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

Brexit

Q&As

Where can I find the Brexit legislation concerning product certification/conformity (eg CE marking) and the extent to which products will be recognised in the event of a no deal Brexit?

We would like to refer you to the Brexit legislation tracker — Brexit SI database, which collates details of draft and made SIs laid before Parliament...

29th Sep

Brexit

Q&As

What guidance is available to prepare for no deal Brexit?

As things stand, if the UK and EU fail to agree and ratify an international treaty setting out the legal terms of the UK’s withdrawal from the EU, the...

29th Sep

Brexit

Q&As

What is the sifting process for Brexit legislation?

Under the European Union (Withdrawal) Act 2018 (EU(W)A 2018), before certain proposed statutory instruments (Brexit SIs) are formally laid in...

29th Sep

Brexit

Q&As

What does Brexit mean for the .eu top level domain name?

The .eu is the generic top level domain for the EU, governed by Regulation (EC) 733/2002. Currently, around 300,000 domains have a UK registrant. See...

29th Sep

Brexit

Q&As

What is retained EU law?

Retained EU law is a legal concept describing EU-derived legislation, rights and principles the UK plans to preserve in UK law after Brexit. It is a...

Produced in partnership with Mathias Cheung of Atkin Chambers 29th Sep

Brexit

Q&As

What are Francovich damages and how does Brexit impact the right to claim?

Damages may be available from an EU Member State if it is found to have breached an individual's right under an EU law provision which has direct...

29th Sep

Brexit

Q&As

What is the statutory power that gives the government and local authorities the power to administer grant funding schemes such as the Small Business Grant Fund and Retail, Hospitality and Leisure Grant Fund schemes introduced in response to coronavirus (COVID-19)?

Section 31 of the Local Government Act 2003 (LGA 2003) is a well-established statutory means by which central government may disburse funds to local...

29th Sep

COVID-19

Practice notes

Court of Justice State aid appeals—closed cases tracker

The below tracks completed Court of Justice appeal cases involving State aid (Articles 107 to 109 TFEU) and other actions for the recovery of aid...

29th Sep

Practice notes

Brexit—implications for Scotland

As of 31 January 2020 (exit day), the UK is no longer an EU Member State and its relationship with the EU is governed by the Withdrawal Agreement,...

Produced in partnership with Roy Martin QC and Denis Edwards of Terra Firma Chambers 9th Oct

Brexit

Scottish Law

Practice notes

Getting the Deal Through: Trade & Customs 2021

Jurisdictions coveredThe following jurisdictions are covered in this report:Brazil; Chile; China; Colombia; Eurasia; European Union; India; Japan;...

16th Oct

Brexit

Q&As

The court is closed and/or understaffed due to coronavirus (COVID-19). What should we do where, for example (a) I need to make an emergency application eg for a freezing or other injunction, (b) I need to pay a court fee/other, (c) I need to file and/or issue court documents by a certain deadline (d) documents are due to be served by the court?

During the current coronavirus (COVID-19) outbreak, it is likely that the day-to-day business of the courts will be disrupted due to, among other...

Produced in partnership with Daniel Laking of 39 Essex Chambers 16th Oct

COVID-19

Q&As

Coronavirus (Covid-19)—What happens in situations where an application needs to be heard before a certain date? Would the court be willing to provide relief if it is unable to arrange for an application to be heard?

The response of the courts to the coronavirus (COVID-19) pandemic has been patchy and confused. The position changes from day-to-day as to whether...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 16th Oct

COVID-19

Q&As

The limitation period for our client’s claim is due to expire shortly but I am concerned that it might not be possible to engage with the other side and/or issue the claim due to potential coronavirus (COVID-19) related issues (for example, relevant individuals being unwell or the court not operating as usual). How can we ensure that our client’s claim is preserved in these circumstances?

Forthcoming expiry of limitationIt is important to ensure that you comply with the time frames provided for under the Limitation Act 1980 (LA...

Produced in partnership with James Tunley of Lamb Chambers 16th Oct

COVID-19

Q&As

I am making an application which needs to be made promptly under the CPR rules. What options are available to me if I cannot get the supporting evidence together due to coronavirus (COVID-19). Should I still file the application notice despite not having any supporting witness evidence?

There are a number of applications that the CPR requires to be made promptly, but much of the commentary below will be relevant to any circumstances...

Produced in partnership with David Peachey 16th Oct

COVID-19

Q&As

My client/counsel/instructing solicitor/expert witness/third party provider/other key stakeholder is unwell and unable to give instructions and/or otherwise complete work, etc eg to be able to issue prior to limitation expiring and/or to be able to give instructions, etc so as to meet any other court and/or other deadline (examples of third party providers include: the need for an approved transcript of the lower court judgment with any appellant’s notice where the client is seeking to appeal a judgment of the High Court to the Court of Appeal; translations—service/witness statements; third party disclosure providers; etc), what steps should we take?

General guidance regarding the implications of coronavirus (COVID-19) on dispute resolution can be found in Practice Note: Coronavirus (COVID-19)...

Produced in partnership with Kayleigh Cullis and Philip Roberts of Clarke Willmott 16th Oct

COVID-19

Practice notes

Access to environmental information case tracker [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note collates and summarises notable archived decisions and case...

16th Oct

Practice notes

Brexit—introduction to the Withdrawal Agreement

The UK’s formal withdrawal from the EU took effect at 11 pm on 31 January 2020 (exit day). At this point, the withdrawal period under Article 50 TEU...

Produced in partnership with Kieran Laird of Gowling WLG 16th Oct

Brexit