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NEWS
These Brexit highlights bring you a summary of the latest Brexit news and legislation updates from across a range of LexisNexis® practice areas.
NEWS
These Brexit highlights bring you a summary of the latest Brexit news and legislation updates from across a range of LexisNexis® practice areas.
NEWS
These Brexit highlights bring you a summary of the latest Brexit news and legislation updates from across a range of LexisNexis® practice areas.
PRACTICE NOTES
What is the key Brexit SI impacting CBIR 2006? This document is archived and no longer maintained. The impact of the main Brexit SI for R&I, The Insolvency (Amendment) (EU Exit) Regulations 2019, SI 2019/146, is widely recognised as regards the Recast Regulation on Insolvency, Regulation (EU) 2015/848 (OJ L141 5.6.2015 p 19) (EU Recast Regulation on Insolvency), see Practice Note: Brexit—impact on Recast Regulation on Insolvency. What is less widely recognised is the impact that Brexit SI also has on the Cross-Border Insolvency Regulations 2006, SI 2006/1030 which implement the UNCITRAL Model law on Insolvency into UK law (see Practice Note: When does UNCITRAL (implemented by the Cross-Border Insolvency Regulations) apply and what are the effects?). What are the main changes to CBIR 2006? As can be seen from the mark up appearing below, there are, as expected, various changes to refer to the Retained Recast Regulation on Insolvency, Retained Regulation (EU) 2015/848, as it forms part of domestic law after IP completion day (31 December 2020).
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note considers the rules of European cross border processes as they will apply between the UK’s departure from the EU on 31 January 2020 and the end of the implementation period, referred to by the EU as the transition period. The rules are set out in Regulation (EC) 805/2004, European Enforcement Orders (EEO), Regulation (EC) 1896/2006, European Payment Orders (EPO) and Regulation (EC) 861/2007, European Small Claims Procedure (ESCP). Note that Regulation (EC) 1896/2006, EPO and Regulation (EC) 861/2007, ESCP were both amended by Regulation (EU) 2015/2421. For a quick reference Brexit research aid that answers key questions on Brexit and includes helpful Brexit updates, research tips and resources, see: Brexit Bulletin—key updates, research tips and resources. The Practice Note considers whether the implementation period can be extended, whether the regimes for the various European cross border processes apply during the implementation period, as well as the position after the implementation period. Definitions This Practice Note using a number of definitions: • European Union (Withdrawal) Act 2018—EU(W)A 2018 • European Union (Withdrawal
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note considers the rules for determining the applicable law, also known as governing law, as they will apply between the UK’s departure from the EU on 31 January 2020 and the end of the implementation period, referred to by the EU as the transition period. It considers whether the implementation period can be extended, whether the applicable law regimes under Regulation (EC) 593/2008, Rome I and Regulation (EC) 864/2007, Rome II apply during the implementation period, as well as what will happen at the end of the implementation period. For a quick reference Brexit research aid that answers key questions on Brexit and includes helpful Brexit updates, research tips and resources, see: Brexit Bulletin—key updates, research tips and resources. Definitions This Practice Note using a number of definitions: • European Union (Withdrawal) Act 2018—EU(W)A 2018 • European Union (Withdrawal Agreement) Act 2020—EU(WA)A 2020 • exit day—is defined in EU(W)A 2018, s 20 • implementation period—is defined in EU(WA)A 2020, s 1. ‘Implementation period’ is the UK’s preferred term, while the EU refers to this
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note provides information and guidance on the implementation period and its effect on EU law and UK legislation derived from EU law. It considers retained EU law, what it is and when it will apply. It then considers the relevance of Court of Justice decisions to the UK courts during the implementation period. For guidance on the implications of the implementation period ending, see Practice Note: What does IP completion day mean for PI & Clinical Negligence claims? [Archived] Brexit timeline For updates on the process and preparations for Brexit, see Practice Note: Brexit timeline [Archived]. Withdrawal Agreement 2020—implementation period The Withdrawal Agreement 2020 between the UK and the EU is dated 24 January 2020 and is available here. The Withdrawal Agreement 2020 is defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020 (EU(WA)A 2020) as the agreement between the UK and the EU under Article 50(2) of the Treaty
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note provides information and guidance on the implementation period and its effect on EU law and UK legislation derived from EU law. It considers retained EU law, what it is and when it will apply. It then considers the relevance of Court of Justice decisions to the UK courts during the implementation period. For information on the different European institutions referred to in this Practice Note, see Practice Note: Structure and functions of EU institutions and bodies. For guidance on the implications of the implementation period ending, see Practice Note: Brexit post implementation period—considerations for dispute resolution practitioners. Brexit timeline For updates on the process and preparations for Brexit, see Practice Note: Brexit timeline [Archived]. Withdrawal Agreement 2020—implementation period The Withdrawal Agreement 2020 between the UK and the EU is dated 24 January 2020 and is available here. The Withdrawal Agreement 2020 is defined in the section 39(1) of the European Union (Withdrawal Agreement) Act 2020
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note considers the rules of dealing with the recognition and enforcement of judgments as they will apply between the UK’s departure from the EU on 31 January 2020 and the end of the implementation period, referred to by the EU as the transition period. It considers whether the implementation period can be extended, whether the enforcement framework under the Brussels regime, including that set out in Regulation (EU) 1215/2012, Brussels I (recast), applies during the implementation period, as well as the position after the implementation period. For a quick reference Brexit research aid that answers key questions on Brexit and includes helpful Brexit updates, research tips and resources, see: Brexit Bulletin—key updates, research tips and resources. Definitions This Practice Note using a number of definitions: • European Union (Withdrawal) Act 2018—EU(W)A 2018 • European Union (Withdrawal Agreement) Act 2020—EU(WA)A 2020 • exit day—is defined in EU(W)A 2018, s 20 as 31 January 202 at 11 pm • Hague Convention on Choice of Court Agreements—Hague Convention of 30 June 2005 on Choice of Court Agreements • implementation
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note considers the rules for determining which court has jurisdiction as they will apply between the UK’s departure from the EU on 31 January 2020 and the end of the implementation period, referred to by the EU as the transition period. It considers whether the implementation period can be extended, whether the jurisdictional framework under the Brussels regime, including that set out in Regulation (EU) 1215/2012, Brussels I (recast), applies during the implementation period, as well as the position after the implementation period. For a quick reference Brexit research aid that answers key questions on Brexit and includes helpful Brexit updates, research tips and resources, see: Brexit Bulletin—key updates, research tips and resources. Definitions This Practice Note using a number of definitions: • European Union (Withdrawal) Act 2018—EU(W)A 2018 • European Union (Withdrawal Agreement) Act 2020—EU(WA)A 2020 • exit day—is defined in EU(W)A 2018, s 20 • implementation period—is defined in EU(WA)A 2020, s 1. ‘Implementation period’ is the UK’s preferred term, while the EU refers to this period as the ‘transition period’ • IP completion
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note considers the rules of service as they will apply in the time period between the UK ‘s departure from the EU on 31 January 2020 and the end of the implementation period ie 31 December 2020, referred to by the EU as the transition period. It considers whether the implementation period can be extended, whether the service regime under Regulation (EC) 1393/2007, the Service Regulation applies during the implementation period as well as how to avoid uncertainty with service through the use of process server clauses. For a quick reference Brexit research aid that answers key questions on Brexit and includes helpful Brexit updates, research tips and resources, see: Brexit Bulletin—key updates, research tips and resources. Definitions This Practice Note using a number of definitions: • European Union (Withdrawal) Act 2018—EU(W)A 2018 • European Union (Withdrawal Agreement) Act 2020—EU(WA)A 2020 • exit day—is defined in EU(W)A 2018, s 20 and was 31 January 2020 • implementation period—is defined in EU(WA)A 2020, s 1. ‘Implementation period’ is the
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note considers the rules settlement as they will apply between the UK’s departure from the EU on 31 January 2020 and the end of the implementation period, referred to by the EU as the transition period. It considers whether the implementation period can be extended, whether the settlement regime under the Mediation Directive 2008/52/EC and the European Directive 2013/11/EU on ADR applies during the implementation period, as well as the position after the implementation period. For a quick reference Brexit research aid that answers key questions on Brexit and includes helpful Brexit updates, research tips and resources, see: Brexit Bulletin—key updates, research tips and resources. Definitions This Practice Note using a number of definitions: • European Union (Withdrawal) Act 2018—EU(W)A 2018 • European Union (Withdrawal Agreement) Act 2020—EU(WA)A 2020 • exit day—is defined in EU(W)A 2018, s 20 • implementation period—is defined in EU(WA)A 2020, s 1. ‘Implementation period’ is the UK’s preferred term, while the EU refers to this period as the ‘transition period’ • IP completion day—is defined in EU(WA)A 2020, s 39 • Joint