Brexit Legal Guide Update: Withdrawal Agreement Q&A

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

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Brexit Legal Guide update: The UK White Paper 2018: Impact for Businesses

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

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Filed under Aviation, Competition, Data protection, Disputes, Employment, Energy, Financial services, Intellectual property, Tax, TMT, Trade, UK-EU negotiations

SUPREME COURT HEARS CHALLENGE TO LEGALITY OF SCOTTISH BREXIT CONTINUITY LEGISLATION

Following a two-day hearing last week, a seven-judge panel of the Supreme Court is considering whether the UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill (“the Scottish Bill”) is within the scope of the Scottish Parliament’s legislative competence. The legislation seeks to ensure that Scots law continues to function without interruptions or gaps following Brexit. However, the Scottish Bill has been challenged by the UK Government over its treatment of devolved powers, leaving the Supreme Court to rule on its legality. Continue reading

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THE BREXIT NEGOTIATIONS – THE VIEW FROM BRUSSELS ON DEVELOPMENTS IN JULY 2018

The Brexit debate often looks different when viewed from Brussels rather than from London. That Brussels perspective however is important for businesses to keep in mind and therefore we publish a monthly view from our Brussels office on recent developments and the state of the negotiations.

On 12 July 2018 the UK government finally published its White Paper on the future relationship between the United Kingdom and the European Union 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.

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EIGHT MONTHS TO BREXIT: IS YOUR BUSINESS PREPARED?

As the clock ticks down to 29 March 2019, the UK and the EU are stepping up their preparations for the possibility of a “no-deal” outcome. From a corporate governance and risk management perspective, businesses that have not done so already should carry out a Brexit assurance process in order to identify all Brexit-related risks and, to the extent possible, take appropriate and timely steps to respond to them. Continue reading

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Brexit: Energy in the UK Government’s White Paper on the future UK-EU relationship

The UK government’s White Paper (July 2018) (the White Paper) on the future relationship between the UK and the EU states that the UK is seeking ‘broad cooperation’ with the EU on energy including trading arrangements, cooperation with EU agencies and data sharing and is exploring options for the future energy relationship.
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Government’s White Paper on Legislating for the Withdrawal Agreement released today

The Government has today published its White Paper on Legislating for the Withdrawal Agreement between the United Kingdom and the European Union. The paper sets out how the Government plans to implement the Withdrawal Agreement (currently being negotiated between the EU and UK under Article 50 of the Treaty of the European Union) into domestic law.   The focus of the White Paper is on is on those parts of the Withdrawal Agreement where the text is agreed, in particular citizens’ rights, the implementation period and the financial settlement.

To read the full document, please click here.

See also our existing Q&A on the Withdrawal Agreement here (which is part of our Brexit legal guide available here).

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EU and UK step up no deal Brexit preparations

The European Commission today released its Communication on preparing for the UK’s withdrawal from the EU. The Communication follows the European Council’s remarks at the 28-29 June Council meeting that no substantial progress has been made on the negotiations calling for intensified Brexit preparedness at all EU27 levels.

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State to state dispute resolution in the UK Government’s White Paper: arbitration with a potential role for the CJEU

The post below was first published on our Arbitration blog

The White Paper published yesterday, “The Future Relationship between the United Kingdom and the European Union”, includes the UK Government’s proposal for the resolution of disputes between the UK and the EU under what the UK Government views as an “Association Agreement”. This Association Agreement would form the institutional framework for the relationship, with a number of separate agreements (the majority falling within this institutional framework), each covering different elements of economic, security and cross-cutting cooperation.

Under the institutional framework there would be a UK-EU Governing Body, and under that Governing Body and answerable to it, a Joint Committee which would be responsible for the effective and efficient administration of the agreements. The Joint Committee, “through regular and structured dialogue”, would seek to prevent disputes arising, or otherwise play a role in resolving them.

The White Paper emphasises the potential for resolution of disputes through dialogue and non-formal means. However, it also outlines a potential dispute resolution process to ensure that the obligations contained in the institutional framework and agreements can be enforced if needed.

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Intellectual Property and Cyber Security issues considered in UK Government White Paper on the future UK-EU relationship

The post below was first published on our Intellectual Property blog

The UK Government’s White Paper detailing its proposal for the future relationship between the UK and the EU (published on 12 July 2018) includes a limited number of proposals relating to intellectual property and cyber security as follows:

  • The UK intends to explore staying in the Unified Patent Court (UPC) and Unitary Patent system post-Brexit. The UK will work with the member states that have signed up to the UPC Agreement to ensure that the UPC Agreement can continue on a firm legal basis;
  • Arrangements on future co-operation on intellectual property are recognised as important to provide confidence and security to rights holders operating in and between the UK and the EU;
  • The UK and EU will need to continue to co-operate on cyber security to counter cyber threats;
  • The UK will establish its own Geographical Indications (GIs) scheme to provide continuous protection for UK GIs in the UK and protection for new GIs applied for by UK and non-UK applicants

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