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The Withdrawal Agreement Bill: not quite "oven ready"

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.

Brexit - Phase 2

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.

If Brexit goes ahead, will it all be over and done with by 31 December 2020?

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.

Prorogation ruled unlawful by Supreme Court

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. 

Brexit and immigration – what's the deal?

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.

Sectoral sanctions in the UK post-Brexit

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.

Potential stormy CEs ahead for product compliance

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.

Brexit and Incoterms: how three letters can make a big difference

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?

Jurisdiction clauses and 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.

Article 50 is not a "one way street with no exits"

Advocate General Manuel Campos Sánchez-Bordona published on 4 December 2018 his opinion (which, as discussed further below, does not bind the ECJ, which will be considering the same issue as the AG at a later date) on whether, under Article 50 of the TEU, the UK can unilaterally revoke the notice of its intention to leave the EU.

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