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PRACTICE NOTES
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
PRACTICE NOTES
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
PRACTICE NOTES
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
PRACTICE NOTES
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
PRACTICE NOTES
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
PRACTICE NOTES
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
CHECKLISTS
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
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note considers key actual and potential legal and practical consequences of the UK’s withdrawal from the EU (Brexit) for arbitration law and practice in England and Wales (England and English are used as a convenient shorthand). This Practice Note also considers the relevance of the EU-UK Trade and Cooperation Agreement (TCA) for arbitration in England. In summary, and as considered in greater detail below, the legal and practical impacts of Brexit on arbitration law and practice in England are (or are likely to be) minimal with few, if any, adverse consequences for practitioners and London as a/the leading seat of international arbitration globally. Nevertheless, the short-, medium- and long-term effects of Brexit on the arbitration market in London and England cannot be separated completely from the overall impact of the UK’s withdrawal from the EU. Brexit—the implementation period and the EU-UK Trade and Cooperation Agreement On exit day (ie 11 pm on 31 January 2020, as defined in
PRACTICE NOTES
This Practice Note sets out the background to the respective positions of the UK and EU. It is for academic interest only. This Practice Note is archived. Background Civil judicial co-operation—UK and EU approaches Following the EU referendum, the emphasis in respect of civil judicial co-operation focused on agreeing specific transitional arrangements, with the intention being to provide some degree of legal certainty for the key areas of law and practice as the UK left the EU. The EU and UK primarily set out their respective positions on the above issues in a number of documents and subsequently issued a joint report on progress. There are provisions in the political declaration to deal with civil justice. Party Date Title of document EU 12 July 2017 EU 12 July 2017 UK 22 August 2017 UK 23 August 2017 UK and EU 8 December 2017 UK/EU 17 October 2019 Political declaration setting out the framework for the future relationship between the European union and the United
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. Background This Practice Note provides a summary of how the regulation of chemicals is affected by Brexit. Further details are covered in the additional Practice Notes referred to for each chemicals regime. Withdrawal from the EU 11 pm (GMT) on 31 December 2020 marked the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements came to an end and significant changes began to take effect across the UK’s legal regime. EU Energy and Environment Sub-Committee inquiry into the future of chemicals The Environmental Audit Committee (EAC) launched an inquiry into the future of environmental law and policy following the result of the EU referendum, focussing on Regulation (EC) 1907/2006 of the European Parliament and of the Council concerning the registration, evaluation, authorisation and restriction of chemicals (EU REACH). The EU Energy and Environment Sub-Committee published its report, Brexit: chemicals regulation
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. It considers the impact of Brexit on consumer protection taking into account developments up to 6 January 2021. For information on the impact of IP completion day on consumer protection and developments in this area, see Practice Note: What does IP completion day mean for consumer protection? This Practice Note considers the impact of Brexit on consumer protection, particularly in the context of the regulation of business-to-consumer (B2C) contractual relationships and trading practices, enforcement and consumer remedies. Consumer protection law in the UK derives partly from EU law and partly from UK-specific law. In many ways, Brexit has had less of an immediate impact in the consumer protection space because there is regulatory fragmentation across the EU, and EU Member States are familiar with having to consider specific requirements in cross-border situations. This does not, however, mean that there has been no impact for consumers (and consequently for businesses). This Practice Note considers the following: • Background • Changes to consumer protection • Changes to consumer
CHECKLISTS
ARCHIVED: This Checklist has been archived and is not maintained. For information on the impact of IP completion day on consumer protection and developments in this area, see Practice Note: What does IP completion day mean for consumer protection? This Checklist sets out some of the key issues to be considered by businesses in respect of Brexit and its impact on consumer protection in the event the ‘no deal’ consumer regulations apply after the implementation period, although much of it will be relevant to businesses irrespective of the final position. It should be used in combination with Practice Note: Brexit—consumer protection [Archived], which considers the impact of Brexit on consumer protection, particularly in the context of the regulation of business-to-consumer (B2C) contractual relationships and trading practices, enforcement and consumer remedies. It considers the key issues, steps taken by the government leading up to and after exit day (including discussion on the ‘no deal’ consumer regulations referred to below), the impact on UK consumers and businesses, and key developments. This Checklist