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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ARCHIVED: This Practice Note has been archived and is not maintained.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ARCHIVED: This Practice Note has been archived and is not maintained.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
NEWS
Environment analysis: What might Brexit mean for the UK’s offshore wind industry? Nicholas Pincott, Kathryn Emmett and Lucy Bruce Jones at Norton Rose Fulbright, consider the likely impact of Brexit on the UK’s offshore wind industry and how such events might affect regulation of and investment in the sector going forwards.
PRACTICE NOTES
This document is archived and no longer maintained. This Practice Note summarises the changes made to the Recast Regulation on Insolvency by Brexit SI, the Insolvency (Amendment) (EU Exit) Regulations 2019, SI 2019/146 which apply from IP completion day (31 December 2020). In general, the main operative provisions relating to automatic recognition fall away from IP completion day (see Practice Note: Brexit—impact on Recast Regulation on Insolvency). For a redline showing the impact of Brexit SI 2019/146 on the Recast Regulation on Insolvency from IP completion day (please note that these are not official versions but are useful working aids), see News Analysis: Brexit SI analysis: redline of Recast Regulation on Insolvency 2015/848 as amended by the Insolvency (Amendment) (EU Exit) Regulations 2019, SI 2019/146. While the articles of the Retained Recast Regulation on Insolvency have been amended by Brexit SI 2019/146, the recitals have not. As a result, these provisions still refer to the position under the EU Recast Regulation on Insolvency
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. Implications of Brexit for other jurisdictions Brexit had a significant impact on the relationship between the UK and other jurisdictions, both within the EU and outside. This Practice Note brings together News Analyses and articles looking at how other EU Member States’ preparations for Brexit and existing laws in relation to such issues as trade, enforcement of judgments and the provision of financial services might impact the UK. The content is listed in order of publication, newest first. Further information on the laws of other jurisdictions in the context of finance transactions, including in relation to lending restrictions and recognition of judgments, can be found within our Banking & Finance cross-border resources—see: • Banking & Finance cross-border guides—overview • Lexology Panoramic—cross-border guides Title Jurisdiction Summary Date of publication Recognition and enforcement of UK judgments in Norway post No deal Brexit Norway In the scenario that the UK leaves the EU without an established agreement as to the
NEWS
The EU Commission has proposed to the EU Council to enter into negotiations with the UK on an agreement to facilitate youth mobility. The Commission proposes that an agreement would make it easier for young EU and UK citizens to study, work and live in the UK and the EU. The Commission's recommendation will now be discussed in the Council and if they agree the Commission will be empowered to launch negotiations with the UK on youth mobility.
PRACTICE NOTES
ARCHIVED: This Practice Note considers the impact that Brexit will have on cross border processes when the UK exits the EU. It considers the current position in relation to cross border processes as set out in Regulation (EC) 805/2004, the European for uncontested claims regulation, Regulation (EC) 1896/2006, European Payment Order Regulation and Regulation (EC) 861/2007, European Small Claims Procedure Regulation. The Practice Note then summarises the UK and EU’s respective positions, considers the likely potential outcomes which may arise when the UK exits the EU as well as potential regimes which may assist. For an understanding of how a deal or no deal position may be reached, the House of Commons Exiting the EU Committee report: The progress of the UK’s negotiations on EU withdrawal (June to September 2018) which at para [35] provides a useful flowchart. Current position Regulation (EC) 805/2004, the EEO regulation, Regulation (EC) 861/2007, ESCP Regulation and Regulation (EC) 1896/2006, EPO are currently in force for practitioners and parties in the UK: • Regulation (EC) 805/2004, EEO regulation introduced