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Brexit and the end of EU free movement law in the UK

PRACTICE NOTES

11 pm (GMT) on 31 December 2020 marked the end of the transition period put in place to enable the UK to transition away from the EU’s laws and institutions. At this point in time (referred to in this document as ‘IP completion day’) there was an immediate and significant change in the UK’s legal regime. This Practice Note explains the implications of this change in relation to immigration law and practice. Background European Economic Area (EEA)/Swiss citizens (termed ‘EEA citizens’ for these purposes) and their family members previously benefited 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 reached with Norway, Iceland and Liechtenstein and Switzerland, these Regulations continued to apply in full throughout the transition period. Mechanism for the end of free movement At the end of the transition period, the EEA Regs

Brexit checklist—finance documents [Archived]

CHECKLISTS

This Checklist outlines some key points to check in relation to facility and security documentation following the end of the Brexit implementation period. ARCHIVED: This Checklist has been archived and is not maintained. At the end of the implementation period, EU law was brought into UK law as retained EU law by operation of the European Union (Withdrawal) Act 2018 (as amended by the European Union (Withdrawal Agreement) Act 2020, with, in most cases, minor changes only. This is explained in Practice Note: Retained EU law and assimilated law. This Checklist is intended to be read in conjunction with Practice Notes: Brexit—documentary implications for facility agreements [Archived] and Brexit—impact on finance transactions [Archived]. This Checklist focuses on documentary points, and does not cover all potential matters to consider in relation to finance transactions following the end of the implementation period. See Practice Notes: What does IP completion day mean for lending lawyers? [Archived] and Brexit—impact on finance transactions [Archived] for a more comprehensive look at issues to consider. Issue Question Comments Helpful links Loss

Brexit considerations for Scottish dispute resolution practitioners [Archived]

PRACTICE NOTES

ARCHIVED: This archived Practice Note considered the implications for dispute resolution practitioners in Scotland of the UK having left the EU. This Practice Note considers the position in relation to proceedings involving civil and commercial matters after the end of the Brexit Implementation Period on 31 December 2020. For the most part, the implications for Scotland are the same as for the rest of the UK and this Practice Note is to be read in conjunction with the detailed England and Wales guidance, see Practice Note: Brexit post implementation period—considerations for dispute resolution practitioners [Archived]. What follows is an overview of the application of EU law and international Conventions in the UK and a summary of the position in Scotland regarding applicable law, jurisdiction, cross-border process and recognition and enforcement of judgments. For guidance on key aspects of Scottish civil litigation, see: Scottish DR: prescription and limitation—overview, Scottish DR: case management and evidence—overview, Scottish DR: civil appeals and judicial review—overview, Scottish DR: enforcement—overview, and Scottish DR:

Brexit highlights—1 March 2024

NEWS