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19 Jan 2021

Brexit and dispute resolution issues


The Brexit transition period ended on 31 December 2020. The UK-EU Trade and Cooperation Agreement (currently applying on a provisional basis until ratification by the European Parliament) addresses many aspects of the future UK-EU relationship (including judicial cooperation in relation to criminal matters) but does not cover civil dispute resolution issues.

The key piece of legislation remains the EU Withdrawal Act 2018, as amended by the European Union (Withdrawal Agreement) Act 2020, (the “Act”). The Act repealed the European Communities Act 1972 (the “ECA”) on Exit Day (31 January 2020) and gave effect to the Withdrawal Agreement between the EU27 and the UK dated 29 January 2020 (the “Withdrawal Agreement”). The Act also brought the bulk of the statutory instruments drafted in relation to Brexit into force on 31 December 2020 (“IP Completion Date”).

This update addresses the current position, the transitional arrangements provided for in the Withdrawal Agreement, and the key issues to be aware of in the new dispute resolution landscape.

Click here to read more.

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