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On 31 January 2020, the UK is set to leave the EU and enter the transition period provided for in the Withdrawal Agreement. Are there any immediate changes that businesses need to be aware of?

At 11 pm on 31 January 2020, the UK is expected to cease to be part of the EU (or the EEA) – although the transition period means that, for most purposes, the UK will continue to be subject to EU law until 31 December 2020. What does this change mean for drafting contracts?

At 11 pm on 31 January 2020, the UK is set to leave the EU. The transition period means that, for most purposes, relatively little will change immediately.

On 23 January 2020, the European Union (Withdrawal Agreement) Bill completed its passage through both Houses of Parliament and received Royal Assent. We look at what it does – and whether it means that Brexit is finally "done".

Key employment and business immigration developments for employers.

The European Union (Withdrawal Agreement) Bill ("WAB") is due to be debated further in Parliament over the coming weeks. Although its passage through the House of Commons is likely to be eased considerably by the new government's substantial majority, it still has to pass the House of Lords – which may be more inclined to amend it when it considers the legislation next week.

The EU Withdrawal Agreement Bill is set to recommence its journey through Parliament on Friday 20 December. Assuming the Bill is passed, this will pave the way for Brexit to happen on 31 January 2020, and usher in the transition period which is due to expire on 31 December 2020.

Key employment and business immigration developments for employers.

Although many commentators argue that this election is extremely difficult to predict, let’s assume that polls suggesting a Conservative majority turn out to be correct. In that case, the expectation would be that the new government would be able to secure the passage of its Bill implementing the renegotiated draft Withdrawal Agreement.

The revised Brexit deal announced by the UK and the EU yesterday contains some important changes to the package agreed during Theresa May's premiership – but before we look at what's different, it's important to keep in mind what hasn't changed:

What were the constitutional implications of the historic judgment given last month by the Supreme Court in relation to the Government’s purported prorogation of Parliament for 5 weeks? A full panel of eleven Supreme Court justices ruled unanimously that the prorogation was unlawful, void and of no effect.

In an eagerly-awaited judgment, the Supreme Court has unanimously ruled that the Prime Minister’s decision to advise Her Majesty the Queen to prorogue Parliament for five weeks was unlawful. 

Key employment and business immigration developments for employers.

With Brexit set to take place on 31 October 2019, the Government has announced that it plans to end free movement immediately if the UK leaves without a deal. Just a third of the three million EU nationals in the UK have secured their UK residence status under the EU Settlement Scheme, with significant numbers still yet to apply.

Could Brexit allow parties to avoid their contractual obligations? The outcome of the recent dispute between the European Medicines Agency and Canary Wharf suggests that the courts may be reluctant to accept such arguments.

In 2014, the European Union adopted a package of restrictive measures targeting sectoral cooperation and exchanges with the Russian Federation. These controls focus on certain sectors of the Russian economy, initially those specifically linked to Russia's involvement in Eastern Ukraine (the "Sectoral Sanctions"). If the UK leaves the EU with no deal in place, the scope of the Sectoral Sanctions will encompass certain UK entities connected to the 11 in-scope Russian entities.

If the UK departs the EU on 29 March 2019 without an agreement in place, manufacturers and importers of industrial and consumer goods selling into the UK and/or EU will face a range of compliance and market access challenges. With fewer than five weeks remaining, 'no-deal' contingency plans should be implemented.

The government's Brexit advice urges businesses trading with the EU to review their contracts for the supply of goods – particularly those based on Incoterms – to ensure that they remain appropriate in the event of "no deal". What are Incoterms, why do they matter and what changes should you make in the light of Brexit?

There is now at least some prospect of the UK leaving the EU on 29 March 2019 without either transitional arrangements or a long term comprehensive reciprocal regime being agreed as to how English courts and those of the r.EU should co-operate in a post-Brexit world, including in relation to allocating jurisdiction between them and recognising and enforcing each other's judgments in commercial cases.

Welcome to our 2019 newsletter, in which we share news of our planned events and other resources for in-house counsel this coming year, as well as a brief overview of the topics that we anticipate will dominate the legal agenda in 2019.