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PRACTICE NOTES
This Practice Note examines the position in relation to the right to work checks for European Economic Area (EEA) citizens and their family members during and after the Brexit transition period. It also discusses potential problems that may arise. For the purpose of this Note, EEA citizens are defined as nationals of all remaining 27 EU Member States (excluding the United Kingdom), Liechtenstein, Norway and Iceland. Although Switzerland is not a member of the EEA, it is treated, for the purposes of EU free movement law, as if it was. Background: Brexit and the EU Settlement Scheme Brexit and the EU Settlement Scheme EEA citizens and their family members previously benefitted from EU free movement rights, which were primarily implemented in the UK by the Immigration (European Economic Area) Regulations 2016 (the EEA Regs 2016), SI 2016/1052. In line with the Withdrawal Agreement reached between the EU and the UK, and the equivalent agreements made with Norway, Iceland and Liechtenstein, and Switzerland, these Regulations continued to apply in full throughout the transition period in force after the UK
PRACTICE NOTES
A white paper entitled ‘The UK’s future skills-based immigration system’, outlining the UK government’s plans for the shape of the UK immigration system after Brexit, was released on 19 December 2018. The most significant change that will be brought about by the proposed new system is the end of Free Movement for European (EU) nationals. After 31 December 2020 (the end of the implementation period), UK immigration rules will apply to EU and non-EU migrants alike. The White Paper proposes several other significant changes, particularly in relation to the current framework for sponsoring skilled workers under Tier 2 of the Points-Based System (PBS), including: • scrapping the overall annual cap on sponsored work visas • lowering the skills threshold of those who qualify for sponsorship from Regulated Qualifications Framework (RQF) Level 6 to RQF Level 3 • abolishing the Resident Labour Market Test (RLMT) • reducing the bureaucratic burden on sponsoring employers The White Paper makes a wide variety of other proposals, including: • a new (temporary) short-term worker route • more
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note sets out the changes to the Civil Procedure Rules set out in The Civil Procedure rules 1998 (Amendment) (EU Exit) Regulations 2019, SI 2019/521, and The Civil, Criminal and Family Justice (Amendment) (EU Exit) Regulations 2020, SI 2020/1493, as well as the associated changes to relevant practice directions set out in the Making documents for the 107th, 122nd and 126th practice direction updates. Note the 126th practice direction update made various minor amendments to the 107th practice direction. Those amendments were to ensure, or were consequential on changes made to existing EU Exit instruments, to ensure alignment with the Withdrawal Agreement reached between the EU and the UK: • CPR Parts subject to amendment—Part 5, Part 6, Part 8, Part 12, Part 13, Part 25, Part 30, Part 31, Part 32, Part 34, Part 63, Part 68, Part 74 and Part 78. The regulations also set out the transitional and saving provisions • practice directions subject to amendment/deletion—CPR Practice Direction 6A,
PRACTICE NOTES
ARCHIVED: This archived Practice Note addressed the implications of the UK leaving the EU after the end of the implementation period, being 31 December 2020. This Practice Note considers the position in relation to proceedings involving civil and commercial matters. It explores the application of EU law and international conventions in the UK as well as specific considerations when dealing with considerations as to applicable law, jurisdiction, service of documents, taking of evidence, mediation, cross border process and recognition and enforcement of judgments. It is important to be aware that the impact is not limited to EU Member States but also the other contracting states of the Lugano Convention 2007 (Iceland, Norway and Switzerland) and in some instances, contracting states of the Hague Convention on Choice of Court Agreements (Mexico, Montenegro and Singapore). This Practice Note considers the position in relation to proceedings involving civil and commercial matters. Specific rules apply when dealing with other forms of proceedings, eg insolvency or family matters and these are outside the remit
CHECKLISTS
ARCHIVED: This Checklist has been archived and is not maintained. It provides guidance to assess the potential contractual risk to an individual business posed by Brexit, and how to carry out a Brexit risk management contract audit in preparation for Brexit in advance of IP completion day. For information on the impact of IP completion day on contracts and more generally on commercial law, see Practice Notes: What does IP completion day mean for contract clauses? and What does IP completion day mean for Commercial? This Checklist provides guidance on assessing the contractual risk to an individual business posed by Brexit, and how to carry out a Brexit risk management contract audit. It considers the need for a Brexit team, the issues arising in a business unit audit and in a contract audit and matters for contract review. For a more in-depth analysis, see Practice Note: Brexit—contract risk management [Archived]. For the purpose of this Checklist, unless expressly indicated otherwise, all references to: • ‘exit day’ are to that term as defined in the European Union
PRACTICE NOTES
Published on 18 December 2017, this year’s Brexit round-up reviews some of the most significant developments of 2017 and previews what is on the horizon for 2018. This includes updates and analysis concerning the process and implications of triggering of Article 50 TEU, progress in the first phase of Brexit negotiations, the government’s domestic preparedness and contingency planning, including key legislative programmes, devolution issues and ongoing parliamentary scrutiny. Plus a look ahead to key priorities as both sides prepare to move negotiations into their second phase in 2018. Also included are updates on LexisNexis® content, including developments from the past year and what is coming up in the next 12 months. Reviewing 2017 EU withdrawal process What happened? The UK's decision to withdraw from the EU is unprecedented, raising key legal and constitutional challenges. Since both the UK and the EU are in uncharted territory there has been continued debate on a range of resulting issues, for instance concerning the 2016 EU referendum result, the constitutional requirements for initiating the EU withdrawal
PRACTICE NOTES
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 majority voting in favour of the UK leaving the EU. On 29 March 2017, the UK Prime Minister gave formal notification of the UK's intention to withdraw from the EU, commencing the withdrawal process under Article 50 TEU. At 11 pm on 31 January 2020 (exit day), the UK’s formal withdrawal from the EU took effect and the UK ceased to be an EU Member State. Exit day marked the end of the withdrawal period under Article 50 TEU and the start of a time-limited transition/implementation period, during which the transitional arrangements provided in Part 4 of the Withdrawal Agreement applied. The transitional arrangements provided a standstill period during which the UK and EU worked to implement the Withdrawal Agreement and negotiate an agreement on the legal terms of their future relationship, to take effect after the transition period. The EU-UK Trade and Cooperation Agreement (TCA) was agreed
PRACTICE NOTES
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 majority voting in favour of the UK leaving the EU. On 29 March 2017, the UK Prime Minister gave formal notification of the UK's intention to withdraw from the EU, commencing the withdrawal process under Article 50 TEU, see: Brexit: UK Article 50 TEU notification starts the clock—what happens now? On 31 January 2020, the UK’s formal withdrawal from the EU took effect and the UK ceased to be an EU Member State. Exit day marked the end of the withdrawal period under Article 50 TEU and the start of a time-limited transition/implementation period, during which the transitional arrangements provided in Part 4 of the Withdrawal Agreement applied. The transitional arrangements provided a standstill period during which the UK and EU worked to implement the Withdrawal Agreement and negotiate an agreement on the legal terms of their future relationship, to take effect after the implementation
PRACTICE NOTES
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 majority voting in favour of the UK leaving the EU (aka 'Brexit'). On 29 March 2017, the UK Prime Minister gave formal notification of the UK's intention to withdraw from the EU, commencing the withdrawal process under Article 50 TEU, see: Brexit: UK Article 50 TEU notification starts the clock—what happens now? This Practice Note sets out the timeline of key events and updates (in reverse chronological order) during that process, from the referendum, leading up to the point that the UK triggered Article 50 TEU, and from that point to the UK’s formal withdrawal from the EU on 31 January 2020. Updates after that date are available in our Brexit timeline [Archived]. Further reading is available in our Brexit subtopic, see: Brexit—overview. For further updates and guidance specific to individual practice areas, see: Brexit collection. Brexit timeline—2020 (up to exit day) Date Institution Summary 31
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. The Brexit transition hub provides a quick reference guide to key content on the Brexit transition. It highlights key practical guidance and materials on the Brexit transition (and post-transition) priorities, transitional arrangements and the legal changes taking effect from the end of the Brexit transition/implementation period (IP completion day), including specific guidance on the impact of IP completion day in various areas of legal practice. Quick links Click on the links below to jump to the relevant guidance: • Background reading on the Brexit transition • EU-UK Trade and Cooperation Agreement • Impact of the Brexit transition in UK law • Retained EU law • Brexit legislation pipeline • Brexit transition guidance • Impact of IP completion day in practice • Keeping up to date • Brexit ‘how to’ guide • LexTalk®Brexit We are keeping this content under review and adding new materials as we continue to address relevant updates, developments, issues and queries. Practitioners doing legal research after IP completion
NEWS
IP analysis: This case concerned an appeal by the appellant, Crafts Group LLC (Crafts), against a stay of all claims concerning a trade mark dispute from an order of Judge Hacon sitting in the Intellectual Property Enterprise Court (IPEC), in favour of the defendants, M/S Indeutsch International and M/S KnitPro International (KnitPro). The Court of Appeal allowed the appeal, setting aside Judge Hacon's order from first instance for a stay of all claims and substituted it for an order for a stay of Craft’s claim for a declaration that the respondents’ UK trade mark was invalid pending final resolution of the validity of the EU trade mark. Written by Alan Harper, partner and head of Intellectual Property at Walker Morris LLP.
Q&As
There are two schools of thought on how Brexit may prevent the Financial Transactions Tax (FTT) proposals from affecting the UK. The first is a policy argument, namely that the remaining EU jurisdictions will not want to impose a tax that drives businesses away from the EU (and towards a competitive post-Brexit UK) and will cancel the proposals. A second, more technical argument is that UK businesses will not be subject to the FTT if it is outside the EU. Neither argument looks compelling at present but the policy point looks the more convincing of the two. Early indications are that the EU is unlikely to engage with the UK