This Checklist is archived and no longer maintained. Brexit On 30 January 2019, the Insolvency (Amendment) (EU Exit) Regulations 2019 (Insolvency Brexit Regulations), SI 2019/146 were made under the affirmative procedure for Brexit SIs to address the deficiencies which would arise from the absence of mutual application of the Regulation (EU) 2015/848 (OJ L141/19), Recast Regulation on Insolvency and making consequential amendments to various legislation. The SI was effective in part from 31 January 2019 and fully from IP completion day, defined as 11.00 pm on 31 December 2020. The legislative changes include updates to the prescribed information that must be provided under the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024 when appointing an insolvency office-holder. In many cases the changes relate to the amended jurisdictional gateways to commence various insolvency proceedings. For proceedings commenced post-IP completion day, proceedings will no longer be opened as main, secondary or territorial proceedings; instead they will be COMI proceedings, establishment proceedings or proceedings to which the Retained Recast Regulation

Tax Brexit News Analysis LexisNexis® Tax has published News Analysis on a range of issues concerning the implications of Brexit, as set out in the table below. Date News Analysis Brief description of News Analysis 11/04/2023 The Windsor Framework Tax analysis: The agreement between the UK and EU on revising the Northern Ireland Protocol, ‘The Windsor Framework’, heralds significant changes to trade with Northern Ireland, and has implications for VAT and excise rules. The UK government announced details of The Windsor Framework on 27 February 2023, which seeks to address the perceived shortcomings created by the Northern Ireland Protocol. This article considers changes to the new UK internal trade scheme, the introduction of green and red lanes, and VAT and excise rules in relation to goods. Produced in partnership with Mark Rowbotham MA FCILT of Portcullis ISC. 23/03/2022 Court of Appeal rules pre-Brexit references to the Court of Justice remain binding on UK courts (HMRC v Perfect) Tax analysis: In Perfect, the Court of

ARCHIVED: This archived tracker provides a list of all Brexit-related Acts and statutory instruments that affected tax matters in the UK as at 14 April 2021. It is not maintained and is for background information only. For more information, see: Brexit, assimilated law and tax—overview. For a spreadsheet listing all tax-related Brexit Statutory Instruments and Acts, click below. The Brexit Tax Legislation tracker provides, for each SI: • Status: whether an SI is has been made

ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note highlights the main changes made to Retained Regulation (EU) 596/2014 (UK Market Abuse Regulation) as part of the onshoring process which are of importance to corporate lawyers. It looks at the amendments made to article 2 (Scope), article 3 (Definitions), article 5 (Exemption for buy-back programmes and stabilisation), article 9 (Legitimate behaviour), article 11 (Market soundings), article 12 (Market manipulation), article 13 (Accepted market practices), article 17 (Public disclosure of inside information), article 18 (Insider lists) and article 19 (Managers’ transactions). The following statutory instruments are relevant when looking at the amendments made to the UK Market Abuse Regulation: • Market Abuse (Amendment) (EU Exit) Regulations 2019 (Market Abuse Regulations 2019) made on 18 February 2019 • Gibraltar (Miscellaneous Amendments) (EU Exit) Regulations 2019 (made 26 March 2019) which made amendments to the Market Abuse Regulations 2019 to make appropriate provision in relation to Gibraltar (see regulation 8), such amendments came into force immediately

At 11pm UK time on 31 January 2020 (exit day), the United Kingdom left the European Union in accordance with a ratified Withdrawal Agreement between the UK and the EU. During the implementation period (which ended at 11pm UK time on 31 December 2020, referred to as ‘IP completion day’), the UK and the EU sought to negotiate an agreement to govern their future relationship. In preparation for Brexit, the European Union (Withdrawal) Act 2018 (EU(W)A 2018) was passed, which repealed the European Communities Act 1972 (ECA 1972) on exit day. The European Union (Withdrawal Agreement) Act 2020 (EU(WA)A 2020) was passed to facilitate the ratification and implementation of the Withdrawal Agreement into UK law, as well as to make provision for implementation of the EEA EFTA Separation Agreement and the Swiss Citizens’ Rights Agreement. EU(WA)A 2020 amends EU(W)A 2018. In particular, it includes specific savings and transitional provisions to ensure that the UK’s obligations under EU law during the implementation period were given domestic legal effect, notwithstanding the repeal of ECA 1972. It also replaces many of

This archived Practice Note looked at the impact of Brexit on the UK takeover regime. It has not been updated since May 2022. At 11pm (GMT) on 31 January 2020 (exit day), the United Kingdom left the European Union in accordance with a ratified Withdrawal Agreement between the UK and the EU. From this point, the UK was regarded by the EU as a ‘third country’, ie a country that is not an EU Member State or a member of the European Free Trade Association (EFTA). Under the Withdrawal Agreement, the UK remained bound by existing and new EU laws and subject to the jurisdiction of the Court of Justice of the European Union for a transition period (referred to in the UK as the implementation period) following exit day. However, it was no longer a member of the political institutions or governance structures of the EU. The implementation period ended at 11pm (GMT) on 31 December 2020 (IP completion day). On 24 December 2020, the UK and the EU announced they had agreed a post-Brexit

ARCHIVED: This archived Practice Note provides information on areas of UK tax law were affected by the UK’s exit from the European Union (EU) during the period between exit day (31 January 2020) and IP completion day (31 December 2020) and also immediately following IP completion day. It is not maintained and is for background information only. For more information, see: Brexit, assimilated law and tax—overview. As of exit day (11 pm on 31 January 2020), the UK ceased to be an EU Member State and no longer participates in the political institutions and governance structures of the EU. However, in accordance with the transitional arrangements provided in Part 4 of the Withdrawal Agreement, exit day marked the commencement of an 11-month implementation period (IP) during which the UK will continue to be treated by the EU as a Member State for many purposes. For more information on the Withdrawal Agreement generally, see Practice Note: Brexit—introduction to the Withdrawal Agreement. The implementation period ran from exit day until IP completion day (11 pm on 31 December

At 11pm UK time on 31 January 2020 (exit day), the United Kingdom left the European Union in accordance with a ratified Withdrawal Agreement between the UK and the EU. The UK is now regarded by the EU as a ‘third country’, ie it is a country that is not an EU Member State or a member of the European Free Trade Association (EFTA). During the implementation period (until 11pm UK time on 31 December 2020), the UK and the EU sought to negotiate and enter into an agreement that would govern their future relationship. The framework for a future relationship was set out in a political declaration, the terms of which were agreed at the same time as the Withdrawal Agreement. The EU–UK Trade and Cooperation Agreement (TCA), ie the post-Brexit trade deal between the UK and the EU, was finally agreed just days before IP completion day. Further to the agreement of the TCA, the European Union (Future Relationship) Bill was introduced to Parliament on 30 December 2020, and having completed all its Parliamentary

ARCHIVED: This Practice Note has been archived and is not maintained. 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, which came into effect on 1 February 2020. In accordance with the Withdrawal Agreement, on exit day the UK entered an implementation period, during which it continues to be treated as a Member State for many purposes, including trade. As a third country, the UK can no longer participate in the EU’s political institutions, agencies, offices, bodies and governance structures (except to the limited extent agreed), but the UK must continue to adhere to EU law and submit to the continuing jurisdiction of the Court of Justice of the European Union in accordance with the transitional arrangements in the Withdrawal Agreement. The UK can enter into trade talks with non-EU countries as an independent trading nation, provided any trade agreements concluded with third countries do not enter into force during the

ARCHIVED: This Practice Note has been archived and is not maintained. The UK and EU’s specific proposals for transitional arrangements on applicable law will be a key issue for UK litigators. This Practice Note considers the impact that Brexit will have on determining the applicable law when the UK leaves the EU. This is currently determined under Regulation (EC) 593/2008, Rome I and Regulation (EC) 864/2007, Rome II. The Practice Note summarises the UK’s and EU’s respective positions and considers the likely potential outcomes as the UK leaves the EU. It also considers potential issues which may arise when the UK leaves the EU and potential regimes which may assist in determining the applicable law. Finally, the Practice Note considers the drafting of an applicable law clause. Applicable law may also be referred to as the governing law. For guidance on the implications of a no deal Brexit when dealing with applicable law, see Practice Note: No deal Brexit—applicable law [Archived]. For an understanding of how a deal or no deal position may be reached, the House

ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note considers the effect of Brexit on the rules for determining applicable law (also known as governing law) and jurisdiction in the context of consumer contracts and disputes. Background On 31 January 2020 (exit day), the UK ceased to be an EU Member State and lost its entitlement to participate in the political institutions and governance structures of the EU. In accordance with the transitional arrangements provided in Part 4 of the Withdrawal Agreement, exit day marked the commencement of an 11-month implementation period during which the UK continued to be treated by the EU as a Member State for many purposes. The implementation period ran until 11 pm on 31 December 2020, a point known as IP completion day. During the implementation period, the UK was obliged to adhere to its obligations under EU law (including EU treaties, legislation, principles and international agreements), and submit to the continuing jurisdiction of the Court of Justice of the European Union in accordance

ARCHIVED: This archived Checklist sets out the application of EU regulations by the UK courts following IP completion day due to the ongoing application of relevant transitional provisions in the Withdrawal Agreement 2020. The regulations covered are those of specific interest to Dispute Resolution practitioners. It is not maintained and is for background information only. This Checklist does not address the position outside of those transitional provisions. References in the tables to Articles are to articles in the Withdrawal Agreement 2020 and therefore apply to both the UK and the remaining EU Member States. The Withdrawal Agreement 2020 can be accessed here. Definitions: • implementation period—the transition or implementation period provided for Article 126 of the Withdrawal Agreement 2020 which begins on exit day and ends on IP completion day • IP completion day—31 December 2020 at 11 pm (section 39 of the European Union (Withdrawal Agreement) Act 2020) Applicable law Regulation Application of the regulation from 1 January 2021 Regulation (EC) 593/2008, Rome I Applies