The UK Government has published today the third batch of the anticipated technical notices on the impact of a “cliff edge” EU exit on 29 March 2019. The latest batch contains 24 papers available here, including notices on the flights to and from the UK, protection of geographical indications (GIs) and generating low-carbon electricity. Continue reading
The post below was first published on our Litigation blog
As part of its second batch of “no deal” technical notices, the government has published on 14 September 2018 a guidance notice entitled: Handling civil legal cases that involve EU countries if there’s no Brexit deal.
The notice contains little that was not already obvious. If no deal is agreed, there would be no agreed EU framework for ongoing civil judicial cooperation between the UK and EU countries. The UK would retain the Rome I and Rome II rules on applicable law, which generally do not require reciprocity to operate, but the rules governing jurisdiction and enforcement of judgments between EU member states (under the Recast Brussels Regulation 1215/2012) would no longer apply to the UK. Nor would the Lugano Convention, which currently governs jurisdiction and enforcement between the UK and Iceland, Norway and Switzerland – though, as the notice says, this would not prevent the UK applying to re-join the Lugano Convention in its own right at a later date (and the government has previously indicated that it would seek to do just that).
For rules in these areas, the UK would revert to the existing domestic common law and statutory rules, which currently apply in cross border cases concerning the rest of the world. The guidance adds, not very helpfully: Continue reading
Today, the UK Government released the second of three batches of technical notices about the impact of a “no deal” scenario at the end of March 2019. These are available here. This second batch is of 28 and includes notices on civil judicial cooperation, broadcasting rights, data protection, telecoms and oil and gas.
As explained in our blog post on the first batch of technical notices (see here), the UK’s notes contain information on what the UK Government plans to do, unilaterally, to assist affected businesses and individuals through temporary waivers and derogations. For example, in this latest release: Continue reading
The View From Brussels – September 2018: the relevance of WTO arguments in the negotiations on the future relationship
This issue of ‘The View from Brussels’ focuses on the relevance of WTO arguments in the negotiations. The UK has so far not deployed any serious arguments based on the obligations and constraints faced by the EU as a member of the WTO, either through lack of familiarity with WTO rules or fear that making WTO arguments would breach the obligation of sincere cooperation or otherwise poison the negotiations and reduce goodwill. Recent developments in the negotiations however have shown that the EU has no such compunctions and does know how to exploit WTO arguments in the negotiations.
This briefing takes a closer look at the relevance of WTO arguments in the negotiations on the future relationship.
Click here to read more
On the new Herbert Smith Freehills Podcast channel, Anna Pertoldi, Maura McIntosh and Tom Henderson discuss what businesses need to know about the impact of Brexit on their continued use of English governing law clauses and English jurisdiction clauses in their contracts after Brexit. As businesses will be entering into new contracts which remain in force after Brexit, looking at the effectiveness of these clauses in the future will be an important part of any new contract negotiation.
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The post below was first published on our Intellectual Property blog
The UK Government issued the first batch of its Brexit “No Deal” Technical Notices on 23 August 2018. These are designed to provide guidance to businesses and other interested parties on how to deal with the problems that a “no deal” scenario will throw up i.e. if the UK exits the EU at the end of March 2019 with no transitional arrangements in place.
There were 25 notices released in this initial batch (see Herbert Smith Freehills’ general commentary here). Over 50 further technical notices are expected to be published before the end of September.
Of the first notices issues, those that will be of particular interest to life sciences businesses include:
- Regulation of medicines, medical devices and clinical trials
- Batch testing medicines
- Submitting regulatory information on medicinal products
- Letters and guidance from the Department for Health and Social Care to the pharmaceutical and medical device industries
- Horizon 2020 funding
More detail on each of these is provided below. Continue reading
Today the UK Government released the first of an anticipated three batches of technical notices about the impact of a “no deal” scenario at the end of March 2019. These are available here. This first batch is of 25 and includes Banking, insurance and other financial services if there’s no Brexit deal, Civil nuclear regulation if there’s a no deal, Trading with the EU if there’s no Brexit deal, State aid if there’s no Brexit deal and Workplace rights if there’s no Brexit deal. Over 50 further technical notices are expected before the end of September.
We have updated the Withdrawal Agreement Q&A section of the Brexit Legal Guide in order to reflect the other White Paper released in July by the UK Government on Legislating for the Withdrawal Agreement between the UK and the EU. This second White Paper provides further detail on how the Government intends to implement the Withdrawal Agreement (once agreed) into domestic law. Continue reading
On 12 July 2018 the UK Government finally published its White Paper on the future relationship between the UK and the EU including a proposal for the establishment of an economic partnership between the UK and the EU. At the core of this proposal is the establishment of a free trade area for goods which is intended to avoid friction at the border, preserve economic prosperity and allow commitments with respect to the border between Northern Ireland and the rest of the island of Ireland to be respected. It is accompanied by proposals for far-reaching cooperation in numerous areas (many of which will facilitate trade in services) and a new institutional framework. Continue reading