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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ARCHIVED: This Practice Note has been archived and is not maintained.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ARCHIVED: This Practice Note has been archived and is not maintained.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ARCHIVED: This Practice Note has been archived and is not maintained.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
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note considers the rules of taking of evidence 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 taking of evidence regime under Regulation (EC) 1206/2001, the Taking of Evidence Regulation applies 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 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 Committee—is defined in Article 164(1) of the Withdrawal Agreement • Withdrawal Agreement—is
NEWS
Arbitration analysis: Dispute resolution practice faces a mixture of restriction and opportunity in the wake of Brexit, with freedom of movement concerns likely hindering the UK’s need to develop its cadre of international trade lawyers. Laura Rees-Evans of Fietta, a law firm dedicated to public international law and international arbitration, assesses where change will be felt most keenly.
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. It tracks the progress of UK primary legislation introduced as part of the legislative preparation for the UK’s withdrawal from the EU during the 2017–19 Parliament. As a result of the prorogation of the 2017–19 Parliament on 8 October 2019, the Brexit Bills progressing through Parliament which had not yet received Royal Assent fell away namely: • Agriculture Bill • Financial Services (Implementation of Legislation) Bill [HL] • Fisheries Bill • Immigration and Social Security Co-ordination (EU Withdrawal) Bill • Trade Bill For further reading see: Brexit Bulletin—key Bills fall away on prorogation of Parliament, LNB News 09/10/2019 64. Quick links Click on the links below to jump to the relevant section or tracker: Central tracker Click on the links below to redirect to our central Brexit legislation tracker and Brexit SI database: • Brexit legislation tracker [Archived] • Brexit SI database Practice area trackers Click on the links below to redirect to trackers covering Brexit legislation in specific practice areas: • Commercial • Corporate Crime • Dispute Resolution • Employment
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. It tracks the progress of UK primary legislation introduced as part of the legislative preparation for the UK’s withdrawal from the EU during the 2019 Parliament. The Early Parliamentary General Election Act 2019 received Royal Assent on 31 October 2019, fixing a general election on 12 December 2019. Under the procedural rules, Parliament is dissolved just after midnight 25 working days before a general election. Parliament was dissolved on 6 November 2019, just three weeks and two days after the Queen’s Speech in October 2019. All parliamentary business, including all legislation in progress came to an end at that point. As a result of the dissolution of the 2019 Parliament, the following Brexit Bill, which had not yet received Royal Assent, fell away namely: • European Union (Withdrawal Agreement) Bill 2019 For further reading on the dissolution of Parliament, see: Brexit Bulletin—key Bills fall away on dissolution of Parliament, LNB News 07/11/2019 10. Note: A number of Brexit Bills fell previously with the
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. It tracks the progress of UK primary legislation introduced in connection with the UK’s withdrawal from the EU during the 2019–21 Parliament. Quick links Click on the links below to jump to the relevant section or tracker. Central tracker Click on the links below to redirect to our central Brexit legislation tracker and Brexit SI database: • Brexit legislation tracker [Archived] • Brexit SI database Practice area trackers Click on the links below to redirect to trackers covering Brexit legislation in specific practice areas: • Commercial • Corporate Crime • Dispute Resolution • Energy • Environment • Financial Services • Information Law • Intellectual Property • Life Sciences • Local Government • Pensions • Property • R&I • Tax • TMT [Archived] For further updates and guidance specific to individual practice areas, see Practice Note: Brexit collection. Brexit Bills given Royal Assent during the 2019–21 Parliament Click on the links below to jump to the Brexit Bills given Royal Assent during the 2019–21 Parliament: • Trade Act 2021 • Financial Services Act