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Allowing the UK Courts to diverge from retained EU case law

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.

Jurisdiction and Judgments: where are we now?

International businesses like English law and feel comfortable using London as a venue to resolve their disputes, particularly those with significant monetary, reputation or precedent value. Brexit will not affect the benefits of using English law or, in the round, the attraction of an English forum, be that the English courts or a London-seated arbitral tribunal.

Brexit: the extension dilemma

A decision is expected to be made this month on whether to extend the Brexit transition period. Not extending risks a disorderly end to the transition, adding a further economic shock to the damage done by COVID-19 – but extending exposes the UK Government to accusations of failing to deliver on its core promise to "get Brexit done".

The UK's post-Brexit tariff schedule: what does it mean for business?

The UK has now published the tariffs it expects to apply after the Brexit transition period expires on 31 December 2020 (unless it is extended).  What do these mean for business and why is the government planning to impose tariffs on more goods than it proposed last year in the event of a no deal Brexit?

How is COVID-19 affecting the Brexit negotiations?

With COVID-19 dominating the news, Brexit may seem like a distant memory – but it hasn't gone away. In this briefing, with the help of trade policy expert Dmitry Grozoubinski, we look at what's been happening in the Brexit negotiations, what can (and can't) be done by video conference and the prospects for an extension.

Will COVID-19 change the UK's Brexit strategy?

Although the UK has left the EU, significant change will only take place after the transition period has expired and the UK has moved to a new relationship with the EU. The UK Government has a choice as to how quickly that change happens.

Brexit, your business and data: personal data transfers - updated January 2021

Since this article was written, the European Commission has released a draft data adequacy decision in favour of the UK which once formally approved will govern personal data transfers from the EEA to the UK, for more information please click here

This briefing was updated in January 2021, to take account of the UK-EU Brexit trade deal, in particular, the temporary 'data bridge' provisions of that agreement. 

Organisations have had to take a number of measures to ensure that they are prepared to deal with the fallout from Brexit. One of these has been reviewing the impact that Brexit will have on the processing of personal data and the steps which an organisation will need to put in place to address that impact.

Brexit-proofing your contracts: a checklist

With the UK set to leave the EU on 31 January 2020, what can businesses do to ensure that their commercial contracts are "Brexit-proof"? Although the transition period (currently due to expire on 31 December 2020) provides a helpful breathing space, many contracts being entered into now will last beyond that.

Brexit: what changes during the transition?

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?

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