Retained EU law meaning

ARCHIVED: This Flowchart has been archived and is not maintained.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) as part of Brexit preparations, establishing a new category of domestic legislation. It denotes the collection of EU‑derived rules preserved and converted into UK law under the EU(W)A 2018 (as amended) at the end of the post‑Brexit transition period (IP completion day). For background 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 on 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 broad, complex legal term defined by the EU(W)A 2018. It covers anything that continues to form part of domestic law on or...

Checklist (Archived) This Checklist sets out key checks for facility and security documentation after the Brexit implementation period. ARCHIVED: This Checklist has been archived and is not maintained. When that period ended, EU law was transposed into UK law as retained EU law under the European Union (Withdrawal) Act 2018 (as amended by the European Union (Withdrawal Agreement) Act 2020), in most cases with only minor adjustments. See Practice Note: Retained EU law and assimilated law. Read this alongside Practice Notes: Brexit—documentary implications for facility agreements [Archived] and Brexit—impact on finance transactions [Archived]. The focus is on documentary issues and it does not capture every potential consideration for finance transactions following the end of the implementation period. For a fuller overview, see Practice Notes: What does IP completion day mean for lending lawyers? [Archived] and Brexit—impact on finance transactions [Archived]. Loss of passporting rights Issue: Loss of passporting rights Question: There is an EU27 borrower under the facilities agreement. What steps should be...

This Checklist offers practitioners a route map through the array of cross-border issues to consider when proceedings feature an international element, for example a defendant domiciled outside the jurisdiction or a contract that designates the courts of another country as having jurisdiction. Structured as a table, it poses key questions and links to underlying materials that address them. The UK’s departure from the EU has consequences for practitioners handling cross-border matters involving not only EU Member States but also contracting states to the Lugano Convention 2007 and to the Hague Convention on Choice of Court Agreements. Consequently, this Checklist also connects to pertinent Brexit content within the cross-border topic in view, and examines several Brexit-specific cross-border issues. For guidance where Brexit is not in play, see: Cross border considerations-checklist. Brexit-transition/implementation period The UK is no longer an EU Member State, following its exit at 11 pm on 31 January 2020 (exit day). Two time periods are pertinent for dispute resolution practitioners: after IP completion...

The following flowchart Outlines the principal stages of estate administration, beginning with initial contact from a personal representative or a relative of the deceased, proceeding to the submission for a grant of representation, and concluding with the finalisation and closure of the matter within the file itself...

The Retained EU Law (Revocation and Reform) Act 2023 (REUL(RR)A 2023) confers a suite of legislative powers, allowing the relevant national authorities to reshape retained EU law (REUL) by making secondary legislation to amend, revoke, restate and/or replace REUL and assimilated law. Its principal powers are located in REUL(RR)A 2023, ss 11–16. The core procedural obligations (including parliamentary scrutiny routes) for these instruments appear in REUL(RR)A 2023, s 20 and Schs 4–5. REUL(RR)A 2023 sifting process—background Under REUL(RR)A 2023, before specified statutory instruments (referred to here as ‘REUL reform SIs’) are formally presented to Parliament, they must first undergo a preliminary sifting exercise to confirm the suitable parliamentary procedure. Details of the sifting mechanism are set out in REUL(RR)A 2023, Sch 5 Pt 2, para 6...

Flowchart This Flowchart outlines the criteria that must be met for the court to find a transaction at an undervalue and then grant suitable relief accordingly...

In this issue: Employment contract Horizon scanning Pensions Tax Prohibited conduct (discrimination etc) Data protection and employee information Dates for your diary Trackers New Q&As Employment resources on Lexis+® Daily and weekly news alerts Employment contract Supreme Court reinstates High Court injunction preventing Tesco from ‘firing and rehiring’ employees on less favourable terms. In Tesco Stores Ltd v Union of Shop, Distributive and Allied Workers (USDAW) [2024] UKSC 28, the Supreme Court, unanimously and led by Lord Burrows and Lady Simler, upheld the High Court’s stance, reviving the injunction that bars Tesco from dismissing staff in order to strip them of a ‘permanent’ contractual entitlement to retained pay, then proposing re‑engagement without it. An implied term in the contracts curtailed Tesco’s ability to rely on dismissal rights for that end. Commentary on the ruling is provided by Neil Todd of Thompsons Solicitors; Jonathan Chamberlain and Connie Cliff of Gowling WLG; Philip Harman...

In this issue: Brexit highlights Brexit SIs Post-Brexit transition guidance Judicial review Constitutional and administrative law Equality and human rights Information law Subsidy control and state aid Public procurement Management and strategic planning Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Brexit highlights The Cabinet Office has released an explanatory memorandum concerning the UK/EU TCA Partnership Council decision (COM(2024)297). The proposal sets out the EU’s stance in the Partnership Council on amending Annex 3 to the Trade and Cooperation Agreement between the EU and UK, which covers product-specific rules of origin. See: LNB News 15/11/2024 16. The House of Commons Library has issued a briefing on assimilated law reform, outlining the Labour government’s approach following the 2024 general election. The second statutory report, published in July 2024, notes that of the 6,735 items of retained EU law (REUL)...

In this issue: Public Law case law quarterly Brexit SIs Post-Brexit transition guidance Constitutional and administrative law Equality and human rights Information law Subsidy control and State aid Public procurement Management and strategic planning Daily and weekly news alerts New and updated content Dates for your diary Trackers New Q&A Useful information Public Law case law quarterly Public Law case law quarterly—Q1 2024 The Lexis+® Public Law team’s quarterly round-up presents key decisions and commentary from the last quarter. This issue features: a Court of Appeal ruling examining how redaction aligns with the duty of candour in judicial review; a Scottish judgment on when courts may refuse to give effect to a statutory provision; and a significant procurement case clarifying the threshold of ‘sufficiently serious’. See News Analysis: Public Law case law quarterly—Q1 2024... Brexit SIs Pressure Equipment (Safety) (Amendment) Regulations 2024 SI 2024/490: Made under...

Brexit Financial Services Legislation Status Guide This guide outlines high-level information on the status of EU laws regulating the payments sector, namely: the second Electronic Money Directive (Directive 2009/110/EC) (2EMD) the Cross-Border Payments Regulation (Regulation (EC) 924/2009) (CBPR) as amended by Regulation (EU) 2019/518 (CBPR2) the Regulation establishing technical and business requirements for credit transfers and direct debits in euro and amending the CBPR (Regulation (EU) 260/2012) (SEPA Regulation) the Payment Accounts Directive (Directive 2014/92/EU) (PAD) the recast Payment Services Directive (Directive (EU) 2015/2366) (PSD2) the Interchange Fee Regulation (Regulation (EU) 2015/751) (IFR) This Practice Note should be read alongside the following Practice Notes: Impact of Brexit: Payment services and electronic money directives—quick guide [Archived] Impact of Brexit: SEPA Regulation—quick guide [Archived] Impact of Brexit: Payment accounts—quick guide [Archived] Impact of Brexit: Interchange Fee Regulation—quick guide [Archived] During the implementation period from 1 January 2020 to 31 December 2020...

This quick guide to e-commerce and financial services outlines current UK law and retained EU law on financial services e-commerce obligations that were changed and/or cancelled by the Electronic Commerce and Solvency 2 (Amendment etc.) (EU Exit) Regulations 2019, SI 2019/1361 (the E-Commerce Exit Regulations), together with other measures made at the end of the implementation period after the UK’s withdrawal from the EU. The summary below explains the Brexit arrangements for onshoring EU rules applicable to e-commerce financial services providers following Brexit. Overview of onshored and preserved EU-derived law post-IP completion day The E-Commerce Exit Regulations 2019 were laid on 25 March 2019. They sit within HM Treasury’s programme of statutory instruments under the European Union (Withdrawal) Act 2018 EU(W)A 2018, addressing contingency planning for a ‘no deal’ Brexit. These Regulations contribute to domesticating EU law so that legal continuity is maintained at the moment the UK leaves the EU. EU(W)A 2018 ‘onshores’ and keeps in force most EU and EU-derived legislation as it existed immediately before...

This Practice Note examines the provisions of the Civil Jurisdiction and Judgments Act 1982 (CJJA 1982) that resolve questions of international jurisdiction for employment proceedings commenced on or after 1 January 2021. For a visual summary, see: Determining jurisdiction in employment disputes (1 January 2021 onwards)—flowchart. For guidance where proceedings began on or before 31 December 2020, see: Practice Note: International jurisdiction—allocating employment cases between national courts and tribunals pre-1 January 2021 [Archived] Determining jurisdiction in employment disputes (to IP completion day)—flowchart [Archived] Background Where a common law claim is brought in the courts—such as a damages claim for breach of contract or to enforce post-termination restrictions (restrictive covenants)—jurisdiction is governed by the CJJA 1982 and the Civil Procedure Rules (CPR). These rules apply to proceedings instituted on or after 1 January 2021 and replace Retained Regulation (EU) 1215/2012, Brussels I (recast) (commonly known as the Brussels 1a Regulation), and the Lugano Convention, which applied to proceedings started before the end of...

References to ‘AIM Rules’ denote the AIM Rules for Companies; references to ‘PRR’ mean the Prospectus Regulation Rules; references to ‘DTR’ concern the Disclosure Guidance and Transparency Rules; references to the ‘PR Regulation’ indicate Retained Regulation (EU) 2019/980; references to the ‘LSE’ signify the London Stock Exchange plc; and references to the ‘nomad’ mean the company’s nominated adviser...

ARCHIVED: This Precedent has been archived and is not maintained This material is retained solely for background reference. It points to international data transfer templates that were originally valid under the United Kingdom General Data Protection Regulation, Assimilated Regulation (EU) 2016/679 (UK GDPR), and which have since been superseded... These templates are no longer acceptable as international transfer mechanisms for contracts entered into after 21 September 2022, and they became invalid for all contracts, irrespective of signature date, from 21 March 2024... For details of current, compliant international data transfer mechanisms under the UK GDPR, see Practice Note: UK GDPR—transfers of personal data internationally and to international organisations... In brief A link to a template produced by the UK Information Commissioner’s Office (ICO) for the ‘2010’ EU Standard Contractual Clauses (also called Model Clauses or SCCs), first introduced by Commission Decision 2010/87/EU of 5 February 2010, formerly used to facilitate transfers of personal data from EEA-established data controllers to a data processor located...

Chapter V (Transfers of personal data to third countries or international organisations) In brief, the United Kingdom General Data Protection Regulation, Assimilated Regulation (EU) 2016/679 (UK GDPR), restricts the transfer of personal data beyond the UK (and to certain ‘international organisations’). ‘Assimilated law’ is the label applied to retained EU law that continues in force after the end of 2023. For further information, see Practice Note: Assimilated law and News Analysis: Implications of the move to ‘assimilated’ law, and the Retained EU Law (Revocation and Reform) Act 2023, for data protection lawyers. One of the most frequently relied upon transfer mechanisms used to comply with those international transfer restrictions is commonly known as standard contractual clauses (SCCs). This document includes a link to a template SCC issued by the UK Information Commissioner’s Office (ICO) in 2022...

The question considered by the Supreme Court in Lipton, and the Interpretation Act (or accrued rights) analysis In Lipton v BA Cityflyer, the UK Supreme Court, speaking obiter, examined the temporal reach of the European Union (Withdrawal) Act 2018 (EU(W)A 2018). The issue was whether the provisions on retained EU law (REUL) must be applied by courts to disputes founded on facts predating IP completion day at the end of 2020, and to rights and liabilities that had already crystallised by that point. For ease of reference in this Q&A, matters turning on facts from before IP completion day are called ‘pre-Brexit cases’, while those arising from facts after that date are termed ‘post-Brexit cases’. On one interpretation, the response is that the EU(W)A 2018 provisions concerning REUL and assimilated law have no application to pre-Brexit cases. The temporal operation of REUL and of assimilated law is straightforward: before IP completion day, the UK’s domestic law operated insofar as it implemented the UK’s EU...