Brexit “No Deal” Technical Notices – lots for the life sciences sector to think about

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:

More detail on each of these is provided below. Continue reading

First batch of UK Government’s Brexit ‘no deal’ technical notices released

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.

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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

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


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