Brexit Blog

For regular updates on Brexit and how it may affect you, your family and/or business, please read our Brexit blog.

18 November 2020

Brexit and ‘Physical Presence’ Requirements for Irish professionals resident in the UK

As the end of the Brexit transition period draws near, complexities associated with navigating cross-border regulatory regimes have been increasingly brought to the fore. The Law Society of Ireland’s announcement last week, confirming a ‘physical presence’ requirement for solicitors intending to practise in Ireland, has highlighted wider post-Brexit issues surrounding residency requirements and recognition of qualifications for regulated professionals on the British/Irish border.

Stephen Parkinson

31 July 2020

Claiming for maintenance in England when divorcing elsewhere in the EU: Will Brexit close the Villiers loophole?

The Supreme Court recently made clear in Villiers v Villiers [2020] UKSC 30 that divorcing in one EU country does not prevent a party from making a separate claim for maintenance from their spouse in England and Wales. The case therefore demonstrates the possibility of ‘forum shopping’, where a party seeks to bring a financial claim in a jurisdiction (country) that is more convenient or provides a more generous maintenance provision than the jurisdiction in which the divorce is taking place. However, the loophole relies on an application of the EU Maintenance Regulation which will cease to be in force in the UK on 31 December 2020. This blog considers the case of Villiers and how Brexit will affect the current position.

Stacey Nevin

11 December 2019

Brexit and family law – what will happen to divorce, financial proceedings, prenups and cases involving children?

At the time of writing, the UK is on the cusp of a General Election where Brexit is high on the agenda.  In this blog, Stacey Nevin considers a number of scenarios and the changes that people who have connections with England and another EU member state might encounter for divorces, financial proceedings and matters concerning children in the event of a no deal Brexit.

Stacey Nevin

7 October 2019

Data protection for your business after a no-deal Brexit

At the time of writing, it is possible that the UK could exit the EU on 31 October 2019 (“exit date”) without a deal which means immediately leaving EU institutions such as the European Court of Justice without an agreement over what happens next.

Alexander Torpey

25 September 2019

Enemies of the constitution? The words of those attacking independent judges are corrosive and wrong

Everyone has an opinion on yesterday’s decision of the UK Supreme Court. Boris Johnson said on television that he profoundly disagreed with it. Jacob Rees-Mogg reportedly called it a ‘constitutional coup’ on a cabinet conference call. Former Lord Chancellor Michael Gove was distinctly equivocal about it when interviewed on the Today programme. Laura Kuenssberg reported on Twitter that a No 10 source said ‘the Supreme Court is wrong and has made a serious mistake in extending its reach into these political matters’. The fact these people all claim they will still ‘respect’ the decision does not detract from the corrosiveness of their sentiments.

Nick Wrightson

Latest blogs & news

Extradition post-Brexit: the Irish questions answered

On 16 November the CJEU delivered its judgment following the publication of the Advocate General’s opinion on the UK-Ireland extradition questions which we wrote about here. The decision concerned the mechanisms for extradition to the UK from Ireland in two scenarios (1) under the terms of the withdrawal agreement from 1 February to 31 December 2020 and (2) under the EU-UK Trade and Cooperation Agreement (“TCA”) from 1 January 2021.

The judgment confirms the AG’s Opinion that Ireland is bound by the withdrawal agreement and the TCA (“the agreements”) in respect of extradition arrangements with the UK and accordingly extradition from Ireland to the UK post-Brexit will continue under those terms.

Extradition post-Brexit: the Irish questions

On 9 November 2021 Advocate General Kokott handed down her opinion in respect of Case C-479/21 concerning Mr Sn and Mr Sd following a reference from the Irish Supreme Court which was made on 3 August 2021. Her opinion stated that the provisions of the Withdrawal Agreement and TCA which ensure the continuation of the European arrest warrant regime in respect of warrants issued by the United Kingdom (“UK”) during the transition period are binding on Ireland.

Having our cake and eating it: Parliamentary sovereignty in light of Brexit and the Covid-19 pandemic

One of the key themes of the Brexit campaign was for the UK to retain Parliamentary sovereignty, or “Take Back Control.” This blog focuses on that aspect of Brexit and revisits previous discussions around delegated legislation and Parliamentary sovereignty to assess the effect of the past 9 months on our Parliament.

Extradition post-Brexit: plus ça change, plus c’est la même chose?

Rebecca Niblock and Edward Grange examine the key changes & similarities to extradition law following Brexit. The introduction of new surrender arrangements under the EU-UK Trade and Cooperation Agreement. Changes effected under the Extradition (Provisional Arrest) Act 2020.

The Tail Wagging the Dog - Hourly Rates Review 2021

The Master of the Rolls, Sir Geoffrey Vos, has approved the new guideline hourly rates (GHR) proposed by the CJC and the Stewart committee which will come into effect on 1st October 2021.
These new rates are a result of the final report of the Civil Justice Council released at the end of July 2021 and the forerunning consultation that took place between 8 January and 31 March 2021.

 

 

Covid and post-Brexit immigration rules serve up a recipe for disaster in the hospitality sector

From being the centrepiece of England’s post-Covid recovery with ‘eat out to help out’, the hospitality sector is now struggling to rebuild after lockdowns, furlough and rising food prices. At the same time many restaurants, cafes and pubs are coming up against the hard realities of a post-Brexit immigration policy and discovering what it means for their business.

EU Member States’ reluctance to extradite their own nationals to the UK

Perhaps the first practical negative consequence for the UK to emerge “Beyond Brexit” from an extradition perspective relates to Article 83 of the TCA which allows EU Member States to refuse to extradite their own nationals to the UK. Germany, Austria and Slovenia had already exercised the Nationality bar during the transition period, which ended on 31 December 2020.

Extradition post-Brexit: the TCA at a glance

The potential fallout from Brexit for extradition and cross-border criminal justice security had been forewarned even before the first vote was cast in the Referendum. The risks to the UK of losing access to SIS II and complicating a relatively simple (albeit not perfect) EAW process were highlighted by many practitioners, law enforcement agencies and politicians.

The UK assumes responsibility for its sanctions policy

Deal or no deal, when the UK’s transition agreement expires at 11pm on 31 December 2020 the country will no longer participate in EU sanctions arrangements or otherwise give effect to EU sanctions regimes. Instead, it will operate a two tier system, devising its own sanctions policies and measures which will be supplemented by sanctions measures imposed as a result of United Nations Security Council Resolutions. 

Would the Constitution survive a No-Deal Brexit? The Internal Market Bill and its legal controversies

The Internal Market Bill (the “Bill”) has caused a dramatic fallout at home and abroad. It has faced massive defeats in the House of Lords over the month on November. It was the reported reason behind the UK’s most senior legal civil servant announcing his departure from the Government Legal Service.

Brexit and ‘Physical Presence’ Requirements for Irish professionals resident in the UK

As the end of the Brexit transition period draws near, complexities associated with navigating cross-border regulatory regimes have been increasingly brought to the fore. The Law Society of Ireland’s announcement last week, confirming a ‘physical presence’ requirement for solicitors intending to practise in Ireland, has highlighted wider post-Brexit issues surrounding residency requirements and recognition of qualifications for regulated professionals on the British/Irish border.

Claiming for maintenance in England when divorcing elsewhere in the EU: Will Brexit close the Villiers loophole?

The Supreme Court recently made clear in Villiers v Villiers [2020] UKSC 30 that divorcing in one EU country does not prevent a party from making a separate claim for maintenance from their spouse in England and Wales. The case therefore demonstrates the possibility of ‘forum shopping’, where a party seeks to bring a financial claim in a jurisdiction (country) that is more convenient or provides a more generous maintenance provision than the jurisdiction in which the divorce is taking place. However, the loophole relies on an application of the EU Maintenance Regulation which will cease to be in force in the UK on 31 December 2020. This blog considers the case of Villiers and how Brexit will affect the current position.

Brexit and family law – what will happen to divorce, financial proceedings, prenups and cases involving children?

At the time of writing, the UK is on the cusp of a General Election where Brexit is high on the agenda.  In this blog, Stacey Nevin considers a number of scenarios and the changes that people who have connections with England and another EU member state might encounter for divorces, financial proceedings and matters concerning children in the event of a no deal Brexit.

Data protection for your business after a no-deal Brexit

At the time of writing, it is possible that the UK could exit the EU on 31 October 2019 (“exit date”) without a deal which means immediately leaving EU institutions such as the European Court of Justice without an agreement over what happens next.

Enemies of the constitution? The words of those attacking independent judges are corrosive and wrong

Everyone has an opinion on yesterday’s decision of the UK Supreme Court. Boris Johnson said on television that he profoundly disagreed with it. Jacob Rees-Mogg reportedly called it a ‘constitutional coup’ on a cabinet conference call. Former Lord Chancellor Michael Gove was distinctly equivocal about it when interviewed on the Today programme. Laura Kuenssberg reported on Twitter that a No 10 source said ‘the Supreme Court is wrong and has made a serious mistake in extending its reach into these political matters’. The fact these people all claim they will still ‘respect’ the decision does not detract from the corrosiveness of their sentiments.

Since prorogation ‘never happened’ what happens next?

The prorogation judicial reviews concerned the constitutional equilibrium between government, parliament and the courts. Today, an 11 member UK Supreme Court panel affirmed its centuries-old supervisory jurisdiction over acts of government and ruled unanimously that Boris Johnson’s government failed to advance any reasonable justification for proroguing parliament. The prorogation was therefore unlawful and ‘never happened’ so parliament is back in the game.

Cross-border criminal justice post-Brexit – Operation Yellowhammer

Tucked in between the “reasonable worst-case” scenarios for food, trade and fuel is a stark one liner: “Law enforcement and information sharing between U.K. and EU will be disrupted”. The reduction in capability of law enforcement agencies that will come from a no deal will, according to government documents, be accompanied by an increase in cross-border crime.

When politics and law collide: The prorogation judicial reviews

Scotland’s highest court and a senior divisional court of the High Court in England and Wales have reached opposite conclusions about whether the recent decision to prorogue parliament was lawful.

Handle with care: why it’s time to treat EU nationals responsibly

Katie Newbury discusses the implications of a no-deal Brexit on free movement and the impact on Europeans living in the UK.

The suspension of parliament increases legal scrutiny of Brexit – and possibly a public inquiry?

The suspension of parliament yesterday, at time of political crisis, is now the subject of intense legal scrutiny across the United Kingdom. Lawyers for Gina Miller have lodged an application for judicial review, and are expected to argue that Boris Johnson’s advice to the Queen is an improper use of power, designed to curtail the legislature, resulting in infringement of the constitutional bedrock of parliamentary sovereignty.

Brexit Bulletin Board

Brexit Bulletin Board

Flying visits? Challenges for UK lawyers working in the EU post Brexit

In this webinar series, Ilda de Sousa, Partner in our Immigration Team discusses the challenges that a post no deal Brexit will have on UK based lawyers working in France, Italy, Ireland, Netherlands, Belgium, Spain and Luxembourg.

Watch the webinar series

The European Immigration Webinar Series

Marcia Longdon, Partner in our Immigration Team, speaks to immigration experts from France, Spain, Germany and Italy about the changes in immigration law for UK nationals.

Watch the webinar series

The UK left the EU on Friday 31 January 2020

After leaving the EU on 31 January 2020, the UK is now in a transition period. We discuss what this means for people moving to and from the UK, and what the UK's immigration system may look like after the transition period. 31 January 2020

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As the UK leaves the EU, what happens next from an immigration perspective?

As the UK will leave the EU tonight at 11pm when we'll move into a transition period, Kim Vowden discusses what happens next for EU citizens arriving in the UK or those thinking of moving here. 31 January 2020

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Brexit and EU citizens in the UK

A simple chart showing what will happen to EU citizens living in the UK if there's a deal or if there's no deal.

Brexit - What EU citizens living in the UK need to know

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No-deal Brexit policy update provides some relief for employers and EU citizens

5 September 2019

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The EU Settlement Scheme - a guide for EU citizens living in the UK

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Brexit: business anxiety over freedom of movement U-turn

20 August 2019

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Handle with care: why it’s time to treat EU nationals responsibly

30 August 2019

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Glitches in the EU Settlement Scheme

5 August 2019

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The suspension of parliament increases legal scrutiny of Brexit – and possibly a public inquiry?

29 August 2019

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Kingsley Napley's immigration team sponsors Financial and Professional Services Post-Brexit Immigration Briefing

9 May 2019

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Post-Brexit data sharing with EU regulators is key for FCA policing market abuse

1 February 2019

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No-deal Brexit: transitional arrangements for EEA nationals arriving after 29 March 2019

29 January 2019

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No deal Brexit: what this would mean for extradition?

23 January 2019

Rebecca Niblock blogs

Mutual trust remains until we leave: notification of intention to leave the EU not an exceptional circumstance

19 September 2018

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No-deal Brexit and the impact on patient safety

20 September 2018

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Divorced, beheaded, scrutinised? SIs and Henry VIII powers under review

31 August 2018

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Brexit: "It was not this that I promised to do"

14 August 2018

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Brexit and the European Arrest Warrant (EAW): at least now we know what we don’t know

9 August 2018

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Could Brexit send Geraint Thomas into a spin?

30 July 2018 - Hanging over this year’s Tour de France, at least for this British cycling fan, was the realisation that this is probably the last Tour pre-Brexit, and so there is an additional level of uncertainty about what the 2019 post-Brexit edition will look like.

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Holiday home/Retirement planning: will Brexit wreck it?

16 July 2018 - A question you may ponder as you relax on that sunlounger in the weeks ahead is whether you need to review your arrangements for any EU based property in light of Brexit.

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Brexit and practising rights for lawyers

9 July 2018 - Two Solicitor friends of mine recently asked me to sign their applications to register with the Law Society of Ireland. I asked them if they were thinking of moving.

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#Brexit: Further clarification on the rights of EU citizens living in the UK

18 June 2018

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Blackberries, Baking and Brexit

11 July 2018

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A change of course? Pondering the future of golf in Brexit Britain

29 March 2018 - As avid golfers focus their attention on the US Masters in Augusta Georgia next month, many at the 19th Hole will be pondering the impact of Brexit on their beloved game.

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Post-Brexit language testing for EEA qualified healthcare professionals

22 March 2018 - The House of Commons Library published a Briefing Paper on 7 March 2018 outlining the language testing requirements imposed upon healthcare professionals who qualified outside of the UK.

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Brexit & Horse Racing

5 March 2018 - The UK is home to a myriad of sports employing foreign nationals and receiving investments from overseas companies. Learn how Brexit will impact horse racing and all who are part of it.

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Brexit & Motor Racing

21 March 2018 - The UK is home to a myriad of sports employing foreign nationals and receiving investments from overseas companies. Learn how Brexit will impact motor racing and all who are part of it.

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UK-EU security cooperation post #Brexit - ringing the alarm bell! | Part II of a two-part guest blog by EU Criminal Law expert Dr Debbie Sayers | #CriminalLaw

17 April 2018

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Kim provides the facts! #stayorgo

19 March 2018

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Beyond #Brexit: new anti-money laundering regime agreed

10 July 2018 - No sooner are we one year into the new regime under the Money Laundering Regulations 2017 than a further EU instrument has been adopted.

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What Brexit means for EU employees living in the UK and their families

27 June 2016

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