UK-EU negotiations

JUDICIAL REVIEW OF THE BACKSTOP: POTENTIAL CROWDFUNDED CHALLENGE TO THE BREXIT AGREEMENT

A group of individuals (together named the Belfast Agreement Defence Group) have foreshadowed a judicial review in the High Court of England & Wales (Administrative Court). The challenge would seek an alternative to the Irish backstop protocol as provided for … Continue reading

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The View from Brussels – how to use EU law to improve the Brexit deal along the lines requested by the UK Parliament

In this View from Brussels we discuss how EU law could be used by the UK to improve the Withdrawal Agreement and Political Declaration along the lines recently requested by the UK Parliament. The backstop, if triggered, starts to apply … Continue reading

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New “Perspectives from Asia” podcast available: What next following Parliament’s rejection of the draft Withdrawal Agreement?

In this episode of our Brexit podcast series available on the Herbert Smith Freehills podcast channel Christopher Hunt and Michael McErlaine from our office in Tokyo discuss recent political developments in the UK (as at 24 January 2019) and what the … Continue reading

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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 … 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

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 … Continue reading

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

EUROPEAN COMMISSION ANNOUNCES “NO DEAL” CONTINGENCY ACTION PLAN

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 … Continue reading

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CJEU UPHOLDS OPINION OF ADVOCATE GENERAL AND RULES THAT UK CAN UNILATERALLY CANCEL BREXIT BY REVOKING ARTICLE 50

The post below was first published on our PIL blog  In a landmark decision delivered on an accelerated timetable, the Court of Justice of the European Union (“CJEU“) has ruled that a Member State can unilaterally revoke its notice of intention to … Continue reading

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The View from Brussels – Comments on various “Plans B”

The negotiated withdrawal deal comprising a legally binding Withdrawal Agreement and a Political Declaration on future relations is facing significant opposition in the UK and is now unlikely to be submitted for parliamentary approval before January. The situation is confused … Continue reading

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BREXIT LEGAL GUIDE UPDATE: WITHDRAWAL AGREEMENT Q&A

With ongoing uncertainty regarding the UK Parliament’s acceptance or rejection of the Withdrawal Agreement and the Political Declaration on the future relationship between the UK and EU, both endorsed by the EU Council on 25 November 2018, we have updated … Continue reading

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Perspectives from Asia (Part 6): Draft withdrawal agreement and political declaration

In the latest update to our Brexit series on the Herbert Smith Freehills Podcast channel Christopher Hunt and Michael McErlaine discuss the Withdrawal Agreement and the Political Declaration released in the past weeks, the next steps to avoid a no-deal Brexit scenario and the impact on companies in Asia and … Continue reading

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