“The representatives of the EU27 Member States yesterday adopted the negotiating directives for the transition period after the UK’s withdrawal from the EU. They do not contain any surprises but are in line with the constitutional framework within which the Commission and the Council are acting. The EU27 have formally proposed that there will be … Continue Reading
The European Commission has published an important notice warning of the consequences that Brexit will have in the field of industrial products, which are subject to CE Marking requirements when placed on the European Union (EU) market. For those products, the European Commission confirmed that to demonstrate compliance with CE Marking requirements for products placed … Continue Reading
Following the joint report published by the EU and the UK government on 8 December 2017 relating to progress during phase 1 of the Brexit negotiations, we have updated our FAQ document for EEA nationals in the UK. This can be forwarded directly to your affected staff and is intended to answer their most immediate … Continue Reading
The UK Supreme Court has today delivered its judgment in the long-running Littlewoods VAT case. The facts are seemingly straightforward and achingly dull. Between 1973 and 2004, Littlewoods overpaid VAT to Her Majesty’s Revenue and Customs (HMRC) in respect of commissions paid to its agents who distributed mail-order catalogues (common in the pre-online age).… Continue Reading
When Parliament returned from the conference recess, many observers assumed MPs would get down to the business of amending (and passing) the European Union (Withdrawal) Bill. It had passed second reading on 11 September, and will now need to be considered by a committee of the whole House. This means all MPs will be able … Continue Reading
Theresa May has today sent an email to EU citizens with the intention of demonstrating that their rights are her ‘first priority’. It doesn’t tell us much more than we knew from the Brexit negotiations at the end of September. Since the referendum, the UK Government has issued various assurances about EU citizens’ future in the … Continue Reading
Brexit takes us to Geneva Some say that Brexit negotiations with third countries have not yet started. They are forgetting an important prerequisite. For the UK to control and negotiate its own commercial policy independently, the journey could only start in Geneva. Here is why …… Continue Reading
On 9 October 2017, the UK Government published its White Paper on the Customs Bill, setting out the government’s approach to legislating for the future customs, VAT and excise regimes post-Brexit. This blog looks at the VAT position. The paper seems to suggest that the government is now accepting that import VAT will be payable … Continue Reading
The Home Secretary, Amber Rudd, has commissioned the Migration Advisory Committee (MAC) to advise on: “the economic and social impacts of the UK’s exit from the European Union and also on how the UK’s immigration system should be aligned with a modern industrial strategy”. In response, the MAC has published its Call for Evidence in … Continue Reading
From the perspective of the EU27 Theresa May’s Florence Speech does not materially change the current status of the Article 50 Withdrawal Negotiations. However, there are some take-aways which should be noted: The speech and Michael Barnier’s response made it clear that the UK will leave the EU and cease to be a Member State … Continue Reading
The UK Prime Minister Theresa May has delivered her highly anticipated speech in the historic Italian city of Florence. How far did it move things on? Truth be told, there was little new in there, and the decision to deliver the speech in Italy rather than London or Brussels remains unclear. Take, for example, Ireland, … Continue Reading
The approach in the European Union (Withdrawal) Bill remains the only conceivable way that the UK can both manage to leave the EU and have a working legislative framework on 30 March 2019 by simultaneously repealing the European Communities Act 1972 and incorporating the large body of EU law on which the legal system depends. … Continue Reading
Following our request in August for interested organisations’ views and evidence in response to a call for evidence by the Migration Advisory Committee (MAC) on post-Brexit EEA immigration policy, we are pleased to invite you to meet with representatives of the MAC in our London and Birmingham offices.… Continue Reading
The UK Government has released a position paper, “The exchange and protection of personal data: A future partnership paper” as part of the ongoing Brexit negotiations. This is one of many papers released by the UK Government last week but is a high priority for both the UK and the EU given the importance of … Continue Reading
Why the Involvement of the ECJ May Become a Stumbling Block On 29 March 2017 the UK delivered its notice to leave the European Union (EU) pursuant to Article 50 of the Treaty on European Union (TEU). Such notice started the two-year “sunset period”, at the end of which the UK will cease to be … Continue Reading
The UK’s triggering of Article 50 on 29 March 2017 means that it will officially cease to be a member of the European Union on 30 March 2019. As this deadline approaches rapidly, there are a multitude of issues to be resolved and legislative tangles to be unscrambled. One such problem area that has received … Continue Reading
More than a year has passed since the UK voted to withdraw from the European Union without much clarity ever given to businesses on what the terms of the intra-EU trade with the remaining EU27 would look like post-March 2019. This has led to many of our clients planning for the worst possible option, i.e. … Continue Reading
The government yesterday published its Rights of EU Citizens in the UK Policy Paper Factsheet for workers and employers together with detailed proposals setting out its offer to EU nationals currently resident in the UK and those proposing to enter for the purpose of residency, pre-Brexit. Although there is a fair amount of detail to … Continue Reading
At a European council summit dinner last night, Theresa May outlined the UK’s offer to secure the rights of EU citizens in the UK. The key points have been reported as follow: EU citizens with 5 years’ residence in the UK before a cut-off point (expected to be no later than Brexit day) will be … Continue Reading
It is fair to say, this is not the result that many were expecting. Theresa May’s Conservatives, who anticipated an increased number of seats throughout the General Election campaign, find themselves the largest party in Parliament, but without an overall majority. At the time of writing, it appears that the Conservatives have struck a non-formal deal … Continue Reading
Clash of Philosophies There is a potentially irreconcilable clash of constitutional philosophies between the UK and the EU which results in certain “no go” areas on the EU side for the forthcoming Brexit negotiations. Perspective of the EU27 The EU27’s approach is driven by the perception that the European Union is not merely representative of … Continue Reading
On 19 April 2017, the day after the UK Prime Minister’s surprise General Election announcement, the Red Tape Initiative (RTI) was quietly launched in Westminster. Established by Rt Hon Sir Oliver Letwin MP, who was in overall charge of the Cabinet Office until July 2016 and briefly head of the Brexit Unit after the Referendum, the … Continue Reading
The Prime Minister of the UK has unexpectedly announced that she intends to hold a General Election on 8 June. Theresa May had repeatedly denied that she had intended to do so. She announced that she had changed her mind “recently and reluctantly” because “the country is coming together but Westminster is not”. Triggering a … Continue Reading
