All Brexit articles

  • News

    Commission adopts UK data adequacy decisions


    On 28 June, the European Commission adopted two UK data adequacy decisions (one under the General Data Protection Regulation, GDPR, and another under the Law Enforcement Directive, LED). This means that data flows between the EU and the UK can continue without the need to adopt additional safeguards.  

  • News

    Intelligence sharing and legal cooperation in the aftermath of the UK-EU TCA deal By Stefania Paladini and Ignazio Castellucci


    A few months in the post-Brexit world, with the EU-UK Trade and Cooperation Agreement (TCA) now signed and ratified by the EU Parliament, the question about what is going to happen in terms of intelligence sharing, and more in general in legal cooperation between the EU and the UK, has ...

  • News

    Surrender Provisions – Refusal to Surrender under the EU-UK TCA


    Following the EU-UK Trade and Cooperation Agreement (TCA) there have been potential issues raised surrounding effective law enforcement cooperation, in relation to the lack of European Arrest Warrants and loss of information provided by SIS II. However, what is also a main concern is the ability of EU Member States ...

  • Picture of a UK flag and EU flag

    European Parliament ratification of the TCA: where do we stand?


    In our article dated 22 January 2021 we discussed how, in order to prevent a no-deal scenario, the EU-UK Trade and Cooperation Agreement (TCA) was applied provisionally before it was to be ratified by the European Parliament. This provisional application was slated to be in effect until 28 February 2021 ...

  • News

    New EU-UK Relationship – Rights of Audience in front of Courts at EU Level


    This analysis article examines the rights of audience held by UK-qualified solicitors enabling representation before the European Union level Courts. The article looks at the role of the European Union level Courts in determining pending cases concerning the UK in addition to looking ahead at the potential cases concerning infringements ...

  • News

    UK Government Guidance on the EU-UK TCA


    Following the end of the UK-EU transition period and the finalisation of the Trade and Cooperation Agreement (TCA) new rules apply to those travelling and doing business in the European Union. To help travellers and businesses, the UK government has created a Brexit checker tool which provides tailored guidance to ...

  • News

    European Commission Guidance on the UK-EU relationship


    Following the UK’s withdrawal from the Single Market, Customs Union, and during the negotiation process the European Commission has provided guidance to assist those working, living or travelling to the European Union. Following the conclusion of the Trade and Cooperation Agreement, the guidance has been updated and now provides greater ...

  • News

    Guidance on the UK-EU Trade and Cooperation Agreement (TCA)


    The UK-EU transition period ended on 31 December 2020 and the UK has now left the single market. Following the conclusion of the UK-EU Trade and Cooperation Agreement (TCA), the legislation covering legal services, establishment and some specific practice areas has changed. The Law Society of England and Wales has ...

  • News

    EU-UK Trade and Cooperation Agreement - first reactions from the Law Societies


    The EU-UK Trade and Cooperation Agreement (TCA) was agreed on 24 December 2020. It was adopted by the European Council and the UK Parliament and is now awaiting the adoption by the European Parliament. Our colleagues in the UK prepared their initial analyses of the agreement. 

  • Event

    Brussels Briefing with the three UK Law Societies’ Presidents


    On 10 February, the UK Law Societies’ Joint Brussels Office is holding a webinar on our response to the EU-UK Trade and Cooperation Agreement and what this means for UK qualified solicitors based in the EU or those involved in EU cross border trade. This is the opportunity to hear ...

  • News

    Intellectual Property and the TCA


    Michael Hawkins, member of Law Society of England and Wales’ IP Committee, discusses the provisions on intellectual property in the EU-UK TCA.

  • News

    Parliamentary scrutiny of the EU-UK agreement: committee discussions heading towards ratification


    On 24 December 2020, the UK and EU reached an agreement on the Trade and Co-Operation Agreement (TCA) setting out their future relationship. This has now been provisionally applied by both parties from 1 January 2021. The provisional application is scheduled to remain in effect until 28 February 2021 or ...

  • News

    Recognition and enforcement of UK judgments in civil and commercial matters in the EU - après 1 January, le deluge?


    On 1 January 2021 both Brussels Ia Regulation and Lugano Convention have ceased to be applicable in the UK. While the Brussels Ia Regulation is lost to the UK, there is still the possibility of acceding the Lugano Convention. The UK has deposited its request of accession on 8 April ...

  • News

    Recognition and enforcement of judgments in civil and commercial matters in the UK jurisdictions


    This article aims to provide information on the recognition and enforcement of judgments in civil and commercial matters in the UK jurisdictions. One of the consequences of Brexit is that the Brussels I Regulation and the Lugano Convention are no longer available to assist with the near-automatic recognition and enforcement ...

  • Hamburg

    ‘Brexit Transition and the Rule of Law: An Uncertain New World?’ by Dr Oliver Garner


    On Monday 9 November, the UK House of Lords voted to remove certain provisions of the UK Internal Market Bill. These clauses would permit government Ministers to legislate in breach of the Withdrawal Agreement. A former Lord Chief Justice and a former Lord Chancellor condemned the ‘emergency clauses’ as a ...

  • News

    Update on Brexit - October 2020


    As readers may well recall, it was previously hoped that the EU-UK Future Relationship Agreement could be agreed by the end of October in order to allow sufficient time for ratification ahead of the 1st January 2021. The European Council summit on the 15th October had been earmarked as the ...

  • News

    Law Society of England and Wales publishes its guidance on the end of the transition period


    Law Society of England and Wales has published its guidance on the preparation for the end of the transition period.

  • News

    Recognition and enforcement of judgments after Brexit: is Lugano a solution to hand?


    We discuss the importance of the recognition and enforcement of judgments in the new EU-UK partnership agreement. The Lugano Convention, like Brussels I Regulation for the EU countries, provides for the recognition and enforcement of a wide range of civil and commercial judgments between the EU and EFTA states. It ...

  • Feature

    What do we want from the EU-UK negotiations


    The Law Societies have continued to call on negotiators from both sides to work towards a deal. While the draft legal texts published by both sides demonstrate a different approach to the negotiations, there are plenty of examples of shared aims or instances where the end goal is mirrored by ...

  • Feature

    What are we doing to support members


    Against this backdrop, the Law Societies have been advising members that they must prepare for the significant changes which will kick in from the start of next year, both within their own businesses and for clients.