The View from Madrid – Spain’s approach to Brexit planning

In this latest video update, Antonio Pastor of our Madrid office reviews the preparedness work and contingency planning undertaken by the Spanish government to prepare for the risk of a “no deal” Brexit.  Continue reading

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Filed under EU and Member States planning

Brexit, Data, Brexit

As we all continue to try to grapple with the implications of a no-deal Brexit, the last week or two has seen the publication of a few things of interest from a data protection perspective: Continue reading

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Post-Brexit reporting reminders from the FCA

The FCA has issued Primary Market Bulletin 21 today focused on Brexit. It covers two issues, the Market Abuse Regulation and Short Selling Regulation (particularly the market makers exemption). Continue reading

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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 in the Draft EU Withdrawal Agreement which was agreed in principle between the UK Government and the EU in November last year. Continue reading

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Filed under Article 50, UK-EU negotiations

EIOPA issues Brexit advice – some good news for UK insurers and intermediaries?

The post below was first published on our Insurance blog

Recommendations issued on Tuesday by EIOPA emphasise the importance of safeguarding policyholders in the event of a “no deal” Brexit.  Encouragement given to EEA states to help UK insurers meet their obligations to EEA policyholders is particularly welcome.

In some areas, EIOPA has provided explicit guidance on the approach it expects individual states to take.  For example, it is clear (and unsurprising) that UK insurers should not be allowed to write new contracts in the EEA without authorisation. In other areas, EIOPA has taken a “softer” approach.  Continue reading

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High Courts finds European Medicines Agency lease not frustrated by Brexit

The post below was first published on our Litigation blog

The High Court has rejected an argument that the European Medicines Agency’s (EMA’s) lease of premises at Canary Wharf will be frustrated as a result of the UK’s withdrawal from the UK: Canary Wharf (B4) T1 Ltd and others v European Medicines Agency [2019] EWHC 335 (Ch). Continue reading

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Filed under Contract, Uncategorized

Draft Civil Procedure Rule changes in the event of a no deal Brexit

The post below was first published on our Litigation blog

The government has published a draft statutory instrument, the Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019, which makes amendments to the CPR that are consequential on the various other civil justice measures that are to be implemented in the event of a no deal Brexit. These include, most importantly, the disapplication of the recast Brussels Regulation and the Lugano Convention in relation to questions of jurisdiction and enforcement of judgments (as outlined here), as well as the disapplication of the EU Service Regulation and Taking of Evidence Regulation – in each case subject to transitional provisions.

The CPR amendments, which will only take effect if there is a no deal Brexit, include sweeping changes to CPR Part 6 in relation to service of documents and Part 74 in relation to enforcement of foreign judgments, as well as changes to other rules such as the provisions in Part 25 relating to security for costs. The most significant amendments are outlined below. Continue reading

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The View from Paris: French “no-deal” Brexit planning – Act two: the future of UK financial services industry in France

Only fifteen days after activating the French Brexit Act (Act n°2019-30) authorising the French Government to set out ordinances relating to transitional measures due to a “no-deal” Brexit, the French Government published on 6 February an ordinance about financial services (Ordonnance n°2019-75, OJ 07.02.2019) (the “Order“). Continue reading

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Filed under Banking & asset management, Financial services, Insurance

Brexit – latest developments for corporate practitioners

The following developments in relation to Brexit will be of interest to corporate practitioners in the event of a “no-deal” Brexit, i.e. if the UK leaves the European Union without a withdrawal agreement in place on 29 March 2019. Continue reading

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Brexit and its impact on international transfers of personal data

Miriam Everett, Head of the Data Protection and Privacy group at Herbert Smith Freehills, has been working with the LexisNexis Data Protection Intelligence Group to publish a paper on Brexit and international personal data transfers: Practical approaches for the private sector in a time of uncertainty. Continue reading

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