UK and EU “no-deal” preparedness notices

With “no deal” becoming an increasing possibility, for convenience we link to the UK “no-deal” notices and EU Brexit preparedness notices  made available to date.

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Filed under "No Deal" UK papers

Herbert Smith Freehills’ Brexit Legal Guide updated – comparison of IP and pharma provisions in the draft Withdrawal Agreement versus the No Deal provisions promised by the UK Government

The post below was first published on our Intellectual Property blog

See the updated IP section of the revised Herbert Smith Freehills Brexit Legal Guide which reviews the IP and pharma elements of the draft Withdrawal Agreement endorsed by the EU Council on 25 November 2018 and the no deal provisions as set out by the UK Government in its technical notices and draft SIs issued towards the end of last year. Continue reading

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Filed under "No Deal" UK papers, Consumer, Intellectual property, Pharma

Preparing for Brexit: EEA Firms – UK Temporary Permissions Regime (“TPR”)

The post below was first published on our FSR blog

The UK FCA and PRA propose to implement the TPR if the UK leaves the European Union on 29 March 2019 without an implementation (or transitional) period, to ensure that EEA firms currently operating under an incoming passport (either from a UK branch or on a cross-border services basis into the UK) can continue to carry out regulated activities in the UK until they receive new direct authorisation by the UK regulators. Continue reading

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Filed under Banking & asset management, Financial services

UPDATED: HOW WILL THE “MEANINGFUL VOTE” WORK?

There has been much discussion of whether the UK Government’s attempt to have the negotiated withdrawal deal (the legally binding Withdrawal Agreement and the Political Declaration on future relations) approved by the UK Parliament by way of “meaningful vote” will be successful. The present consensus is that it will not. Continue reading

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Filed under Article 50

11 weeks to Brexit: updated Brexit Legal Guide

Without an intervening event, the UK will withdraw from the EU at 11pm on 29 March 2019.   Otherwise much remains unknown. The negotiated withdrawal deal comprising a legally binding Withdrawal Agreement and non-binding Political Declaration is facing significant opposition in the UK and will not be submitted for parliamentary approval until next week. Without a deal in place a “no deal” Brexit in which the UK leaves the EU abruptly, with no transition period, becomes an increasing possibility. Against this background, businesses are implementing strategies to cope with whatever is coming. Continue reading

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Filed under "No Deal" UK papers, Article 50, Aviation, Capital markets, Competition, Contract, Corporate, Data protection, Disputes, Employment, Finance, Intellectual property, State aid, Tax, TMT, Trade, UK-EU negotiations

UK deposits instrument of accession to Hague Convention on Choice of Court Agreements

The post below was first published on our Litigation blog 

On 28 December 2018, the UK deposited its instrument of accession to the Hague Convention on Choice of Court Agreements 2005. The Convention will therefore come into force for the UK on 1 April 2019, in accordance with article 31 of the Convention which provides for it to enter into force on the first day of the month following the expiration of three months after the relevant instrument is deposited. Continue reading

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Filed under Disputes

Employment law and migration on a deal/no-deal Brexit

The post below was first published on our Employment blog

The last few weeks have seen a flurry of publications providing a slightly clearer picture of the employment and immigration consequences of a Brexit deal or no-deal.  In addition to the final text of the draft Withdrawal Agreement setting out the arrangements for the UK’s withdrawal from the EU on 29 March 2019 and the draft Political Declaration on the future relationship between the EU and the UK, the European Commission has published a Q&A on citizens’ rights under the Withdrawal Agreement and a proposed Regulation on visa-free travel while the UK Government has published a policy paper on citizens’ rights in a no-deal scenario and its much-delayed Immigration White Paper.  So where does all this leave employers?  Continue reading

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EUROPEAN COMMISSION ANNOUNCES “NO DEAL” CONTINGENCY ACTION PLAN FOR FINANCIAL SERVICES

The European Commission has announced that it has started implementing its Brexit “no deal” Contingency Action Plan given the continuing uncertainty regarding ratification of the Withdrawal Agreement in the UK. This follows the Commission’s communication of 13 November 2018 which provided details of the types of contingency measures that it intended to take in a variety of areas, as well as the 78 preparedness notices from Commission departments on how Brexit will change law and policy. Continue reading

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Filed under Banking & asset management, Financial services, Insurance, UK-EU negotiations

HOW WILL THE “MEANINGFUL VOTE” WORK?

There has been much discussion of whether the UK Government’s attempt to have the negotiated withdrawal deal (the legally binding Withdrawal Agreement and the Political Declaration on future relations) approved by the UK Parliament by way of “meaningful vote” will be successful. The present consensus is that it will not, although the final outcome may depend on whether the EU is able to provide clarifications on the Irish backstop to ease the withdrawal deal’s passage through Parliament. Continue reading

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Filed under Article 50

UK Government note clarifies “no deal” and data protection

The UK Government has published a “no deal” note to clarify how data protection law will work in the event that the UK leaves the EU without a deal. The note confirms that separate draft regulations and more detailed guidance will be published in the next few weeks but, in the meantime, it clarifies at a high level a number of key issues for organisations both in the UK and outside but doing business with the UK. Continue reading

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Filed under "No Deal" UK papers, Data protection