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
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.
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.
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.
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.
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
The post below was first published on our Litigation blog
The UK government has today published its White Paper detailing its proposal for the future relationship between the UK and the EU. The short section on civil judicial cooperation echoes the aims set out in the government’s Framework for the UK-EU Partnership published on 13 June (as outlined here).
The UK Government has today released its White Paper detailing its proposal for the future relationship between the UK and the EU. We will be publishing separately our analysis of the implications of the UK Government’s White Paper, including the impact for business. This will include an update to our new online Brexit Legal Guide.
To read the full White Paper, please click here.
Last Friday, 6 July, it was understood that the UK Cabinet had finally united around a UK position on the desired future relationship with the EU. However, it now remains to be seen if the proposal survives the protests of “betrayal” heard from some quarters and the resignations of the Secretary of State for Exiting the EU (David Davis) and the Secretary of State for Foreign and Commonwealth Affairs (Boris Johnson) and whether it will allow the negotiations with the EU to progress constructively. The details are also expected to be elaborated in a White Paper this Thursday. Assuming the proposal survives, what can we already say about the future relationship that it describes?
In this note, we examine and comment on the main features of the proposal. Once the reactions come in we anticipate a further note on how the negotiations may evolve.
We will also be responding to key aspects of the White Paper as additions to our recently updated Brexit legal guide for business.
At first sight, EIOPA’s comments appear to reinforce concerns that political compromise cannot be expected on policies written (or performed) on a cross-border basis before the UK’s withdrawal from the EU (so-called “legacy contracts”). The particular issue for UK insurers is whether they will have the authorisation they need, post-Brexit, to continue to meet their obligations to EEA policyholders under these contracts. Closer examination of the words used by EIOPA may, however, mean that fewer policies are caught by this issue than has been assumed to date.
Our discussion of EIOPA’s latest opinion can be found here.