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On 16 October 2020, the UK’s Export Control Joint Unit ("ECJU") issued a timely reminder to UK businesses that an Open General Export Licence ("OGEL") will be required where a business is exporting dual-use items, as set out in Annex 1 of EU Regulation 428/2009 (the "Dual-use Regulations"), to any EU member state, and the Channel Islands, from 1 January 2021.
A recent CJEU finding on mass surveillance creates more uncertainty with regard the UK's chances of an adequacy decision. We explain what the case is about and its potential impact on adequacy.
The Government has published draft legislation extending the ability to diverge from retained EU case law to the Court of Appeal and other courts at the same level (in addition to the Supreme Court). It had also been considering allowing the High Court and other courts at the same level to diverge, but this option is not being pursued. How significant is this change likely to be in practice?
Bilateral Investment Treaties, or BITs, are an important part of the international investment landscape. In this briefing, we look at what BITs are and whether Brexit will make it more attractive to structure investments in certain EU member states through the UK in order to take advantage of BIT protection.
The UK has recently indicated that, unless there is a "fundamental change in approach" from the EU, it is prepared to exit the transition period without a trade deal. In this briefing, we highlight the key areas where "no deal" is likely to make a difference.
This briefing was updated on 7 January 2021 to reflect the UK-EU trade deal.
Parties to free trade agreements (FTAs) typically recognise that movement of people is necessary to facilitate trade, particularly for services businesses. However, they are often reluctant to dispense with requirements imposed by their own domestic immigration regimes.
Our regular round-up of recent developments and topics for your radar, news on training and networking events for in-house counsel, and an update on our legal tech initiatives.
We believe it is of paramount importance to protect and develop the alternatives asset management industry in the UK following our exit from the EU in order to maintain the UK's status as a world leader in the sector and to ensure that the wider economy continues to benefit from the deployment of global capital across alternatives asset classes by UK based managers.
Brexit is now firmly back on the agenda for employers as we head into the final months before the Brexit Transition period ends on 31 December 2020.
If you are a UK employer, with employees working in the EU, EEA or Switzerland, the country in which social security contributions are paid on their salary and benefits is currently set by EU Social Security Coordination rules.
With the headlines dominated by the COVID-19 pandemic, anyone could have been forgiven for putting Brexit to the back of their mind over the past few months. However, the UK is rapidly approaching the end of the transition period, at which point, amongst many other issues, it is highly likely that there will be disruption to goods supply chains.
With disruption to goods supply chains widely expected at the end of the Brexit transition period on 1 January 2021, businesses which rely on goods from the EU are increasingly re-focussing on contingency plans to stockpile goods. However, finding additional warehousing space is likely to be challenging.
The UK Government's decision to introduce legislation which would effectively override some aspects of the Brexit Withdrawal Agreement has gone down badly with the EU. Does this mean that businesses need to prepare for no deal at the end of the transition?
This briefing note addresses the impact of Brexit on matters relevant to civil judicial co-operation between the English courts and the courts of EU member states.
Key employment and business immigration developments for employers.
Update September 2021: This article has been updated, primarily to reflect revised rules on timing of mandatory application of the CA Mark, released in August 2021.
In preparation for the end of the Brexit transition period on 31 December 2020, the UK Government has published guidance on the use of the new "UKCA" marking, which will replace the CE mark for UK conformity assessed goods. The guidance provides a degree of long-awaited certainty to businesses, after previous guidance was released in early February 2019 but withdrawn in January 2020.
The Government has launched a short consultation on proposals to allow courts below the Supreme Court (including potentially the High Court and the Employment Appeal Tribunal) to diverge from EU retained case law after the end of the transition period. If the status quo is preserved, only the Supreme Court would be able to do so.
The UK Government is consulting on proposals to allow lower courts to diverge from EU caselaw which predates the end of the transition period. This is potentially significant for many areas of law as it could speed up the process of divergence from the EU after the end of the transition period.
The public statements made by Brexit negotiators David Frost and Michel Barnier last week suggest that the latest round of Brexit negotiations has resulted in minimal progress on the key issues separating the UK and EU.