No deal Brexit—applicable law [Archived]


Published by a ½Û×ÓÊÓƵ Dispute Resolution expert
Practice notes
Brexit

No deal Brexit—applicable law [Archived]


Published by a ½Û×ÓÊÓƵ Dispute Resolution expert

Practice notes
Brexit
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ARCHIVED: This Practice Note has been archived and is not maintained.

This Practice Note covers the situation at the end of the implementation period following the UK leaving the EU. During the implementation period that starts on Exit day ie the day the UK leaves the EU, the provisions in the withdrawal agreement will apply. For guidance, on the implementation period and the impact of the withdrawal agreement on service, see Practice Note: Brexit implementation period—Applicable law [Archived].

This Practice Note considers the effect of the UK leaving the EU without a deal on determining which Law to apply when dealing with a dispute ie the applicable law (also known as governing law). The key UK regulation dealing with no deal Brexit and applicable law is The Law Applicable to Contractual Obligations and Non-Contractual Obligations (Amendment etc) (EU Exit) Regulations 2019, SI 2019/834 which amends two EU regulations dealing with applicable law so as to bring them within UK law. The two EU regulations are Regulation (EC) 593/2008, Rome I which applies when dealing with

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United Kingdom
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Key definition:
Brexit definition
What does Brexit mean?

means: (a) the United Kingdom (UK) ceasing to be a member state of the European Union (EU) and/or the European Economic Area (EEA) on exit day; and/or (b) the commencement, end of[ or variation in] any transitional, trading or other arrangements from time to time between: (i) the UK and the EU and/or EEA (including during any implementation period and IP Completion Day); and/or (ii) the UK and any other country, group of countries, international organisation, bloc or body (including the World Trade Organization) in contemplation of or (directly or indirectly) in connection with the UK’s said cessation of membership;

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