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Buying goods from the EU for supply in the UK in the event of no trade deal—checklist [Archived]

Buying goods from the EU for supply in the UK in the event of no trade deal—checklist [Archived] ARCHIVED: This Checklist has been archived and is not maintained. Brexit: As of exit day (11 pm on 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 Checklist. For further guidance, see: Brexit Bulletin—key updates, research tips and resources and Brexit toolkit. On 3 February 2020, the UK and EU set out their opening negotiating positions for a post-Brexit UK-EU relationship. While the Political Declaration, appended to the Withdrawal Agreement, sets out the framework for the future relationship with the EU, it is not legally binding, meaning that either side can choose to depart from parts or all of the text. If negotiations for a trade agreement between the UK and the EU fail (a no trade deal Brexit),...

Bank Recovery and Resolution Directive (BRRD)—timeline [Archived]

Bank Recovery and Resolution Directive (BRRD)—timeline [Archived] Archived:This timeline has been archived. For developments from January 2024 onwards, see EU Bank Recovery and Resolution Directive—timeline if they relate to the EU BRRD, or UK bank recovery and resolution regime—timeline if they relate to the UK bank recovery and resolution regime, For further guidance on the EU BRRD, see Practice Note: Bank Recovery and Resolution Directive (BRRD)—essentials. For further guidance on the UK bank recovery and resolution regime, see Practice Note: The UK bank recovery and resolution regime. Date Source Document Description 20 December 2023 European Banking Authority The EBA publishes amendments to disclosures and reporting on MREL and TLAC The European Banking Authority (EBA) has published its final draft implementing technical standards (ITS) on amendments to disclosure and reporting of the minimum requirement for own funds and eligible liabilities (MREL) and the total loss absorbency requirement (TLAC). The amendments reflect the new requirement to deduct investments in eligible liabilities instruments of entities belonging to the same resolution group, the...

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Retained EU law—flowchart [Archived]

Retained EU law—flowchart [Archived] ARCHIVED: This Flowchart has been archived and is not maintained. Retained EU law is a concept introduced by the European Union (Withdrawal) Act 2018 (EU(W)A 2018) in preparation for Brexit, creating a brand new category of domestic law. It is the collective term given to the body of EU-derived laws preserved and converted into domestic law under EU(W)A 2018 (as amended) at the end of the post-Brexit transition period (IP completion day). For background reading on the transition period, and what it means for retained EU law, see: In the context of Brexit, what is meant by the ‘transition or implementation period’? For further background reading the underlying legislation, see: • Practice Note: Brexit—key legislation explained • News Analysis: What does IP completion day mean for the status of EU law in the UK? What is retained EU law? Retained EU law is a complex and wide-ranging legal term, defined under EU(W)A 2018, as anything which continues to form part of domestic law on or after...

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UK and Community design right threats—pre 1 October 2017 [Archived]

UK and Community design right threats—pre 1 October 2017 [Archived] 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 Practice Note. For further guidance, see Practice Note: Brexit—IP rights. ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note sets out the law of unjustified threats of UK and Community design right infringement prior to its amendment by the Intellectual Property (Unjustified Threats) Act 2017 (IP(UT)A 2017). Communications made prior to 1 October 2017 continue to be governed by the old regime in respect of patents, trade marks and designs, as appropriate. All references in this Practice Note to the Copyright, Designs and Patents Act 1988, the Registered Designs Act 1949, and the Community Design Regulations 2005, are references to the legislation as it...

Electronic communications: Universal Service Directive [Archived]

Electronic communications: Universal Service Directive [Archived] ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note relates to Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users' rights relating to electronic communications networks and services as amended by Directive 2009/136/EC (Universal Service Directive). It is part of a series of Practice Notes on core elements of the EU regulatory framework for electronic communications. In the EU, the provision of electronic communications networks and services in each Member State is governed by a common regulatory framework which originally comprised five directives (the Framework). The objective of the Framework was to establish a harmonised framework for the regulation of electronic communications networks and services throughout the EU. In December 2018, Directive (EU) 2018/1972 establishing the European Electronic Communications Code (Recast) (the European Electronic Communications Code) was published in the Official Journal of the EU and came into force three days after publication. The European Electronic Communications Code...

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Brexit definition

Brexit means: (a) the United K

Environmental clauses for a facility agreement

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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If a grant agreement concluded before the end of the transition period is deemed to be de-minimis aid under the current State aid regime, can the grant payments continue to be made after the end of the transition period on that basis?

If a grant agreement concluded before the end of the transition period is deemed to be de-minimis aid under the current State aid regime, can the grant payments continue to be made after the end of the transition period on that basis? The short answer is that the position is not clear as it depends on legislation which is presently in draft.  Under the Withdrawal Agreement, the UK remains subject to existing EU State aid rules during the transition/implementation period and the EU authorities retain competence to initiate State aid administrative procedures in respect of the UK for four years after the end of the transition period on 31 December 2020 (IP completion day). However, as noted in the query, the detail of the State aid regime and approach in the UK after IP completion day is not clear. Assuming that draft legislation recently presented to Parliament (the State Aid (Revocations and Amendments) (EU Exit) Regulations 2020, SI 2020/Draft) does become law, then as of IP...

Would a loan (which is not secured on land) made by trustees of a trust to a third party for investment purposes be caught by the provisions of the Consumer Credit Act 1974 and or FSMA 2000? In particular, would the loan be excluded from Part V of the CCA 1974 as a 'non-commercial agreement' or would the trustees be acting 'in the course of a business', eg on the basis that the loan was made for investment purposes?

Would a loan (which is not secured on land) made by trustees of a trust to a third party for investment purposes be caught by the provisions of the Consumer Credit Act 1974 and or FSMA 2000? In particular, would the loan be excluded from Part V of the CCA 1974 as a 'non-commercial agreement' or would the trustees be acting 'in the course of a business', eg on the basis that the loan was made for investment purposes? BREXIT: 11pm (GMT) on 31 December 2020 (‘IP completion day’) marked the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. Following IP completion day, key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see: Brexit and financial services: materials on the post-Brexit UK/EU regulatory regime. The sections of the Consumer Credit Act 1974 (CCA 1974) that previously set out...

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MHRA lays new clinical trials framework legislation in Parliament

The new legislation introduced by the Medicines and Healthcare products Regulatory Agency (MHRA) will overhaul the UK’s clinical trials regulatory framework. The reforms aim to streamline approval processes, making it quicker and easier to run clinical trials, including multi-site trials. Key changes include a 30-day review timeline, integration of regulatory and ethics reviews, and requirements for trial registration in the WHO public register. Additionally, the reforms will ensure greater transparency by mandating the publication of results and promoting patient involvement and diversity in trials. These changes will come into force after a 12-month implementation period.

The ‘failure to prevent fraud’ offence—nine months for companies to get their house in order

Corporate Crime analysis: On 6 November 2024, the UK government published its much anticipated guidance on the new corporate offence of failure to prevent fraud (the ‘Guidance’). The Guidance sets forth the reasonable procedures companies should adopt to potentially avoid liability for fraud offences committed by associated persons. The Guidance is essential reading for companies and their representatives, as it provides a framework for companies to establish effective and proportionate fraud prevention measures. The offence comes into force on 1 September 2025. Companies therefore have just nine months to, as the Serious Fraud Office’s Director Nick Ephgrave said, ‘get their house in order or face criminal investigation’. This article considers some of the unique learning points from the Guidance and discusses the prospects of an increase in enforcement activity as a result of the offence. Rahman Ravelli’s Zulfi Meerza and Ruxandra Murariu detail the new offence’s implications for companies.