The UK Government's decision to introduce legislation which would effectively override some aspects of the Brexit Withdrawal Agreement has gone down badly with the EU. Does this mean that businesses need to prepare for no deal at the end of the transition?
This briefing note addresses the impact of Brexit on matters relevant to civil judicial co-operation between the English courts and the courts of EU member states.
Key employment and business immigration developments for employers.
Update December 2022: This article has been updated, primarily to reflect revised rules on timing of mandatory application of the CA Mark, released in November 2022.
The Government has launched a short consultation on proposals to allow courts below the Supreme Court (including potentially the High Court and the Employment Appeal Tribunal) to diverge from EU retained case law after the end of the transition period. If the status quo is preserved, only the Supreme Court would be able to do so.
The UK Government is consulting on proposals to allow lower courts to diverge from EU caselaw which predates the end of the transition period. This is potentially significant for many areas of law as it could speed up the process of divergence from the EU after the end of the transition period.
The public statements made by Brexit negotiators David Frost and Michel Barnier last week suggest that the latest round of Brexit negotiations has resulted in minimal progress on the key issues separating the UK and EU.
National governments across the EU have provided significant financial aid to support companies in the wake of the COVID-19 crisis. Ordinarily, many of these measures would fall foul of EU state aid rules and be open to legal challenge – but the EU has introduced a temporary framework to permit such measures to be taken.
With the Brexit transition period due to expire on 31 December 2020, there is not much time left to prepare.
Key employment and business immigration developments for employers.
International businesses like English law and feel comfortable using London as a venue to resolve their disputes, particularly those with significant monetary, reputation or precedent value. Brexit will not affect the benefits of using English law or, in the round, the attraction of an English forum, be that the English courts or a London-seated arbitral tribunal.
A decision is expected to be made this month on whether to extend the Brexit transition period. Not extending risks a disorderly end to the transition, adding a further economic shock to the damage done by COVID-19 – but extending exposes the UK Government to accusations of failing to deliver on its core promise to "get Brexit done".
The UK has now published the tariffs it expects to apply after the Brexit transition period expires on 31 December 2020 (unless it is extended). What do these mean for business and why is the government planning to impose tariffs on more goods than it proposed last year in the event of a no deal Brexit?
Key employment and business immigration developments for employers.
With COVID-19 dominating the news, Brexit may seem like a distant memory – but it hasn't gone away. In this briefing, with the help of trade policy expert Dmitry Grozoubinski, we look at what's been happening in the Brexit negotiations, what can (and can't) be done by video conference and the prospects for an extension.
Although the UK has left the EU, significant change will only take place after the transition period has expired and the UK has moved to a new relationship with the EU. The UK Government has a choice as to how quickly that change happens.
Key employment and business immigration developments for employers.
Since this article was written, the European Commission has released a draft data adequacy decision in favour of the UK which once formally approved will govern personal data transfers from the EEA to the UK, for more information please click here.
This briefing was updated in January 2021, to take account of the UK-EU Brexit trade deal, in particular, the temporary 'data bridge' provisions of that agreement.
Organisations have had to take a number of measures to ensure that they are prepared to deal with the fallout from Brexit. One of these has been reviewing the impact that Brexit will have on the processing of personal data and the steps which an organisation will need to put in place to address that impact.
This briefing was updated on 19 January 2021.
The UK Government is consulting on the level of tariffs that will apply to goods imported under WTO rules after Brexit. In particular, it is seeking views on products where tariffs could be reduced or removed altogether after 31 December 2020.