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Determining applicable law and jurisdiction, and the territorial scope of statutory employment rights—checklist This Checklist provides an overview of the questions to be asked when determining: • which system of law is applicable to a contract of employment or employment relationship (applicable law) • whose courts and/or tribunals should decide an employment case (jurisdiction), and • how the courts and employment tribunals decide what statutory rights, if any, an employee who works abroad and/or has a foreign employer (territorial application or scope of statutory employment rights) Brexit impact From exit day (31 January 2020) the UK ceased to be an EU Member State but, in accordance with the transitional arrangements provided in the Withdrawal Agreement, the UK was in an implementation period (IP) until 11pm on 31 December 2020, known as ‘IP completion day’. During this period, the UK continued to be treated by the EU as a Member State for many purposes. While it could not participate in the political institutions and governance structures of the EU, the UK...
Cross border considerations (Brexit)—checklist The UK's departure from the EU has implications for practitioners dealing with cross border issues involving not only EU Member States but also contracting states of the Lugano Convention 2007 and contracting states of the Hague Convention on Choice of Court Agreements. This Checklist therefore also links through to relevant Brexit content in the cross border topic under consideration. This Checklist considers various Brexit specific cross border issues. For guidance in matters in which Brexit is not an issue, see: Cross border considerations—checklist. Brexit—transition/implementation period The UK is no longer an EU Member State, following its departure from the EU at 11 pm on 31 January 2020 (exit day). Two time periods are relevant for dispute resolution practitioners: • after IP completion day (31 December 2020 at 11 pm)—the UK is no longer be treated by the EU as an EU Member State. For guidance on the position post IP completion day, see Practice Note: Brexit post implementation period—considerations for dispute resolution practitioners • the implementation...
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E&W Brussels I (recast)—the harmful event for specific tort and delict claims (art 7(2)) [Archived] ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note considers the requirement for a harmful event to enable a court to have special jurisdiction under Article 7(2) of Regulation 1215/2012, Brussels I (recast). It then considers what is a harmful event when considering specific types of claims: economic loss, damaged or defective goods, personal injury claims, intellectual property claims, actions for inducing breach of contract as well as other types of claims. For guidance on the general principles that apply when dealing with tort and delict claims under the regulation, see Practice Note: E&W Brussels I (recast)—tort and delict claims (art 7(2)) [Archived]. For guidance when dealing with contract claims under the regulation, see Practice Note: E&W Brussels I (recast)—contract claims (art 7(1)) [Archived]. Impact of UK’s departure from the EU Following exit day (ie 31 January 2020), the UK became a third state in respect...
Brussels I (recast)—application to the UK post IP completion day (enforcement) This Practice Note considers the impact of the UK leaving the EU on the application of Regulation (EU) 1215/2012, Brussels I (recast) to the recognition and enforcement of judgments. This includes discussion of applicable provisions in the Withdrawal Agreement between the UK and the EU. Relevant domestic legislation is also discussed, including, where relevant, transitional provisions, as well as the position of the EU Commission. Where relevant, the implications for Regulation (EC) 44/2001, Brussels I are also noted. It is important to be aware that there are other enforcement regimes that are impacted by the UK leaving the EU. For guidance, see Practice Note: Brexit post implementation period—considerations for dispute resolution practitioners—Recognition and enforcement of judgments. Definitions This Practice Note using a number of definitions: • Civil Procedure Rules—CPR • EU Commission notice to stakeholders dated 27 August 2020, titled: ‘Withdrawal of the United Kingdom and EU rules in the field of Civil Justice and Private International...
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Produced in partnership with DLA Piper UK LLP Brexit impact As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this content. For further guidance, see Practice Note: Brexit—impact on environmental law and News Analysis: Brexit Bulletin—key updates, research tips and resources. 1 Definitions In this schedule: Environment means any and all living organisms or ecosystems (including, without limitation man, flora and fauna), and the media of air (including without limitation, air within buildings, other man-made structures and natural structures...
Produced in partnership with DLA Piper UK LLP [ These clauses are intended for insertion in a Facility Agreement relating to the operation of a business, which involves the occupation of use of properties. It accordingly assumes the definition of terms which would typically be included in such an agreement, such as ‘Agent’, ‘Business’, ‘Event of Default’, ‘Finance Party’, ‘Legal Due Diligence Report’, ‘Material Adverse Effect’, ‘Obligor’ and ‘Property’.] Brexit impact As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this content. For further guidance, see Practice Note: Brexit—impact on environmental law and News Analysis: Brexit Bulletin—key updates, research tips and...
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What is the impact of Brexit on international transfers of personal data? This Q&A looks at the impact of Brexit on cross-border transfers of personal data involving the UK and EEA, under the General Data Protection Regulation, Regulation (EU) 2016/679 (GDPR). It does not address cross-border transfers of personal data by competent authorities for law enforcement purposes or by the intelligence services, and under the ‘applied GDPR’ regime, which are beyond the scope of this Q&A. Since 25 May 2018, the GDPR has been directly applicable in the UK and all other EU Member States. The GDPR regime has also been incorporated in the EEA Agreement and governs the processing of personal data across the EEA (the EU plus Iceland, Norway, and Liechtenstein). The GDPR regime permits EEA states to introduce certain national derogations. In the UK those have been implemented by the Data Protection Act 2018, see Practice Note: The Data Protection Act 2018. Chapter V of the GDPR regime imposes a restriction which prevents...
In the context of Brexit, what is meant by the ‘transition or implementation period’? The term ‘transition or implementation period’ is used in the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (Withdrawal Agreement) to refer to the period during which the transitional arrangements in the Withdrawal Agreement apply. These transitional arrangements are set out in Part Four of the Withdrawal Agreement and are intended to govern the relationship between the UK and the EU for a specific time-limited period after exit day (11 pm on 31 January 2020). The Withdrawal Agreement refers to this period as the ‘transition period’. The UK government prefers the term ‘implementation period’ and this is reflected in the European Union (Withdrawal Agreement) Act 2020 (EU(WA)A 2020), which implements the Withdrawal Agreement in UK law. Although the UK and the EU prefer to use different terms, they refer to the same period, hence Article 126...
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This week’s edition of PI & Clinical Negligence weekly highlights includes a High Court decision which considers jurisdiction following Brexit. We also have our usual round-up of other key cases and news, New Law Journal articles of interest and a recently published Q&A.
MLex: UK businesses may be premature in raising a cheer at the European Commission’s data adequacy proposal on 19 February 2021. With a legal challenge over the process almost inevitably looming at the Court of Justice, companies might be better off taking a more cautious approach and using what could be borrowed time to press ahead with contingency measures.
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