Brexit and financial services – latest developments
In our latest Brexit video Jonathan Herbst and Peter Snowdon discuss what they are currently seeing in the market.
The Government’s proposed amendments to the European Union (Withdrawal) Bill
The UK Government has proposed further amendments to the European Union (Withdrawal) Bill.
European Parliament report addresses judicial cooperation post-Brexit
The European Parliament Committee on Civil Liberties, Justice and Home Affairs has published a Report.
EU Commission publishes draft recommendations for second phase of negotiations
Following confirmation from the European Council that Brexit negotiations could move to the second phase, the European Commission has published its recommendations for the conduct of those negotiations.
HM Treasury sets out proposed approach to onshoring EU financial services legislation
HM Treasury has published a letter from Stephen Barclay, Economic Secretary to the Treasury, to Nicky Morgan, Treasury Committee Chair, concerning the onshoring of EU financial services legislation.
The second phase of Brexit negotiations – what can be expected
The EU Summit in Brussels concluded with an important decision for the future of Brexit.
Amendment to the European Union (Withdrawal) Bill
The UK Government has suffered a significant parliamentary defeat in the continuing debate over the European Union (Withdrawal) Bill.
The President of the EU Commission has confirmed that, in his opinion, the UK and the EU have made ‘sufficient progress’ in the Brexit negotiations to begin talks about the future trading relationship.
Government memo regarding ECB opinion on CRD IV and CRR
The European Union (Withdrawal) Bill’s passage through Parliament
The European Union (Withdrawal) Bill continues its progress through Parliament, currently in committee stage, which is expected to be concluded by Christmas.
The price of Brexit
It has been reported that the UK Government has agreed to offer to pay €40 billion as part of its ‘divorce settlement’ on leaving the EU in an effort to progress the current negotiations.
UK Finance report – Supporting Europe’s economies and citizens: a modern approach to financial services in an EU-UK Trade Agreement
UK Finance has published a report that proposes an alternative model for a future trade framework for banking and capital markets services between the EU and the UK.
David Davis speech on financial services after Brexit
The UK Government has published on its website a speech by David Davis, Secretary of State for Exiting the European Union.
ESMA and Brexit: a European super regulator in the making?
ESAM is undoubtedly an important European institution. In addition to fostering supervisory convergence it is also a regulatory supervisor in its own right.
New UK Sanctions Bill following post-Brexit consultation
The Bill is expected to enter the Committee stage on 21 November 2017.This briefing explains the purpose of the Bill and highlights some of the more notable points.
Financial services and Brexit - an update
The financial services team has published a new video on Brexit.
LMA Submission to the House of Lords 'Brexit: deal or no deal' inquiry
The LMA believes that any sudden loss of passporting rights arising from a “no deal” Brexit could damage a variety of lending & loan market activities of UK banks unless measures are put in place.
Brexit and WTO – first steps
After five rounds of Brexit negotiations between the UK and the EU, the parties are yet to start discussions concerning their future trade relationship.
The plan for nuclear safeguarding post Brexatom
The Nuclear Safeguards Bill 2017-19 was introduced in Parliament on 11 October 2017, setting out the Government’s proposals for introducing a UK specific safeguarding regime following the UK’s exit from the EU.
Analysing the UK’s new and independent trade policy with non-EU countries
On 9 October 2017 the UK Government published a paper: “Preparing for our future UK trade Policy” in which it reiterates three strategic objectives for its future relationship with the EU.
Taking CJEU decisions ‘into account’ post-Brexit
The new President of the UK’s Supreme Court, Lady Hale, has sought clearer guidance from Parliament as to the extent to which UK courts should have regard to decisions of the CJEU post-Brexit.
Brexit negotiations continue
The fourth round of Brexit negotiations has taken place between the EU and the UK. The latest talks followed Theresa May’s Florence speech, which she had hoped would provide impetus to the negotiations.
Decoding the Government’s Plan for Brexit: Judicial Cooperation – Part 2
The future role of the CJEU is one of the most intractable problems in the Brexit negotiation.
Does Brexit expose the UK to claims from foreign investors?
Matthew Buckle, a Senior Associate in London, questions whether regulatory changes following Brexit might expose the UK to claims from foreign investors and, if so, what hurdles such claims might face.
A transitional period will not solve the Brexit puzzle
The fourth round of Brexit negotiations is about to start and the UK wants to move to the next phase to focus on the terms of the new relationship.
Theresa May delivers Brexit speech in Florence
Theresa May has today delivered an important speech on Brexit. Following limited progress, the Prime Minister’s speech marks an attempt to try to break the deadlock in negotiations between the UK and the EU.
Decoding the Government’s Plan for Brexit: Judicial Cooperation – Part 1
The UK Government’s Future Partnership Paper on Providing a cross-border civil judicial cooperation framework contains little to disagree with.
FMLC letter to Ministry of Justice concerning the European Union (Withdrawal) Bill 2017
The Financial Markets Law Committee (FMLC) has published a letter that draws attention to certain issues of legal uncertainty arising out of clause 3 of the European Union (Withdrawal) Bill 2017 (the Bill).
Alphabet soup: explaining the different arbitration mechanisms proposed by the UK Government for resolving UK-EU disputes
On August 23, the UK Government published a negotiating paper setting out various options for the dispute resolution mechanisms in (and the enforcement of) future bilateral agreements with the EU.
UK data protection after Brexit – UK Government statement of intent contains few surprises
On the August 7, the UK’s Government Department for Digital, Culture, Media and Sport issued a Statement of Intent outlining its planned reforms of the UK’s data protection laws.
Brexit, the European Common Aviation Area (ECAA) and the Court of Justice of the European Union (CJEU)
One of the outcomes that the UK Government has repeatedly insisted needs to be a consequence of the Brexit negotiations is that they will bring an end to the jurisdiction of the CJEU in the UK.
UK Government’s future partnership paper on enforcement and dispute resolution mechanisms for UK-EU agreements
The UK Government has published its future partnership paper on post-Brexit options for enforcement and dispute resolution for UK-EU agreements.
UK Government’s future partnership paper on cross-border civil judicial cooperation with the EU
The UK Government published yesterday its future partnership paper on cross-border civil judicial cooperation with the EU after Brexit.
UK Government’s position paper on the subject of the Irish border
The UK has published its latest position paper relating to its Brexit negotiations with the EU, this time on the issue of Northern Ireland and Ireland.
Brexit and a new customs arrangement between the UK and the EU
The UK published yesterday a paper on “Future Customs Arrangements” with the EU, as part of a series of papers that will provide the Government’s vision for the “new, deep and special partnership” with the EU.
PRA letter to Treasury Committee concerning firms’ contingency planning for Brexit
There has been published a letter from the PRA to Nicky Morgan MP, Chair of the Treasury Committee.
Legal implications of Brexit: Customs Union, Internal Market Acquis for Goods and Services, Consumer Protection Law, Public Procurement
A policy department of the European Parliament has published a study on the legal implications of Brexit.
Brexit and employment - what's the latest?
The latest Brexit developments and their implications for employment law are the subject of this video.
House of Lords EU Financial Affairs Sub-Committee launches inquiry into post-Brexit financial regulation and supervision
The House of Lords EU Financial Affairs Sub-Committee (Committee) has published a call for evidence announcing it is launching an inquiry into financial regulation and supervision following Brexit.
The European Union (Withdrawal) Bill: a focus on devolution
Among the various issues addressed by the Government’s European Union (Withdrawal) Bill, one that has generated considerable publicity is how Brexit will impact on devolved powers.
The European Union (Withdrawal) Bill: UK courts will continue to be subject to supremacy of CJEU after Brexit
The European Union (Withdrawal) Bill (the “Repeal Bill”) sets out, among other things, the future relationship between courts in the United Kingdom and EU law, including EU court decisions.
The European Union (Withdrawal) Bill is published: a focus on delegated powers
The Government has published its widely-publicised Repeal Bill, now titled the European Union (Withdrawal) Bill, to address the impact of Brexit EU-derived laws in the UK.
What does the UK General Election result mean for Brexit and energy policy?
ESMA proposes continued supervision or relocation of UK financial infrastructure post-Brexit
It is no secret that European lawmakers and regulators intend for euro-denominated clearing activities to be moved to the EU27 after the UK exits the European Union.
Government issues letter stating commitment to protect patients and life science industry
In a letter to the Financial Times, Jeremy Hunt and Greg Clark declared their commitment to maintain patient safety, support the UK life sciences industry and ensure access to new and innovative medicines.
What kind of Brexit for the UK?
The Prime Minister’s Lancaster House speech in January set the tone for expectations that the government was taking the UK towards a “hard Brexit”.
Theresa May sets out her offer for the rights of EU citizens after Brexit
Until the UK withdraws from the EU, EU law will continue to apply and so the rights of EU citizens and their family members to live and work in the UK remain unchanged.
The Queen’s Speech sets out proposals for Brexit-related legislation
On June 21, the Queen's Speech was delivered setting out the Government’s proposed legislative programme following the recent UK General Election.
Brexit negotiations begin
Monday January 19 marked the official start of negotiations to determine the terms for UK’s departure from the EU.
The UK General Election result – implications for Brexit
The result of the UK General Election has given rise to an additional layer of complexity for the forthcoming Brexit negotiations.
Impact of Brexit on marketing authorisation holders – new EMA and CMDh guidance
The EC and EMA have published a Q&A document concerning the legal consequences for marketing authorisation holders of centrally authorised medicines if the UK becomes a ‘third country’ after Brexit.
How the UK might amend its legal system to take account of Brexit: can historic examples of when a state has left a larger union or federation provide clues as to how Brexit might be achieved?
Following the result of the EU referendum, press coverage made much of the level of work that will be needed by the UK to extricate itself from the EU.
Article 50 challenge in the Irish court abandoned
A claim brought in the Irish High Court to determine whether the Article 50 process can be reversed has been abandoned.
The MFN clause as a challenge to a bold and ambitious UK-EU FTA
What do French endive producers have to do with Brexit?
In conversation with Richard Whish QC – Mark Simpson, partner, highlights the tension between agricultural policy in Europe and its role in competition law.
CJEU rules on EU’s proposed free trade agreement with Singapore and the possible implications for Brexit
The Court of Justice of the European Union (CJEU) has decided that the free trade agreement agreed by the EU with the Republic of Singapore (the EUSFTA) is a mixed agreement and will therefore need to be signed
What to negotiate on energy and climate change?
The House of Commons Select Committee for Business, Energy and Industrial Strategy (the Committee) has published its negotiation priorities for energy and climate change policy following a sector enquiry...
European Commission publishes proposals for negotiation of withdrawal agreement
On 3 May 2017, the European Commission published its recommendations for negotiation of the UK’s withdrawal from the EU.
How Europe is regulating capital markets as Brexit looms
Whether post-Brexit the draft new Prospectus Regulation is helpful will depend on how it is implemented in practice.
What impact could Brexit have on protections available to foreign direct investors?
One of the many questions raised by the UK’s pending withdrawal from the EU is what impact Brexit will have on protections afforded to foreign direct investments in the UK and overseas.
Why Brexit is unlikely to have any impact on London’s status as a popular seat of arbitration
We have recorded a webinar covering the Article 50 notification letter and its implications for the forthcoming Brexit negotiations and the Great Repeal Bill White Paper.
Brexit and antitrust law
Brexit’s effects on antitrust and competition law will first and foremost be felt in terms of merger control.
European Parliament agrees motion on Brexit negotiations
The European Parliament has agreed a motion setting out its position in relation to the forthcoming Brexit negotiations.
EU Council issues Draft Negotiating Guidelines
Following the delivery on March 29 by the UK to the European Council of notice of its intention to withdraw from the EU, the EU Council has published its draft guidelines for the following.
The Great Repeal Bill White Paper
The Government has today published its White Paper on its proposed “Great Repeal Bill”.
The UK invokes Article 50
The UK Government has today formally given notice of the UK’s intention to leave the EU in accordance with Article 50(2) of the Treaty on European Union.
Brexit and Article 50 - a financial services update
The Prime Minister delivered the letter to the European Authorities in relation to the Article 50 triggering of Brexit. Find out what this means for financial services.
Devolution update: continuing questions over Scotland and Ireland
Following the result of the EU referendum last June, questions were immediately raised regarding Scottish devolution and the future of the UK’s relationship with Ireland.
Article 50 Bill passed by Parliament
Last night, the UK Parliament passed the the European Union (Notification of Withdrawal) Bill, authorising the Government to trigger Article 50.
EU policy makers exchange views on the third country equivalence framework
On March 8, 2017 the European Parliament’s Economic and Monetary Affairs (ECON) Committee held a hearing on third-country equivalence in EU financial services regulation.
A changing environment: House of Lords recommendations for Brexit
Trade Committee states that the Government is still unclear on trade after Brexit
The House of Commons’ International Trade Committee has published its first report identifying certain issues that it believes the Government should resolve as it prepares to trigger Brexit negotiations.
The WTO Trade Facilitation Agreement enters into force
On the 22 February the World Trade Organization (WTO) welcomed the entry into force of the Trade Facilitation Agreement (TFA), the only WTO multilateral agreement that has been concluded since 1995.
The UK retaking its membership in the WTO
Following the UK’s decision to leave the EU, the UK Government has stated in the Brexit White Paper that it will establish its own schedules for trade in goods and services at the WTO .
Can a UK-EU trade deal be negotiated in two years?
As the British Prime Minister stated and as was reiterated in the Government’s White Paper, the UK is seeking an ambitious and comprehensive FTA with the EU, as part of a new strategic partnership...
House of Commons passes Article 50 Bill
On Wednesday night, the House of Commons voted in favour of the European Union (Notification of Withdrawal) Bill at its third reading.
Brexit means Brexit from Euratom as well
The UK Government’s Brexit White Paper and its impact on the life sciences sector
Court dismisses legal challenge to EEA withdrawal
The High Court has dismissed a legal challenge regarding the question of the UK’s anticipated departure from the single market and European Economic Area (EEA).
The Article 50 Bill and the Government’s Brexit White Paper
Following the recent Supreme Court decision, the Government published the European Union (Notification of Withdrawal) Bill, which, if passed by Parliament, will provide the required authorisation.
Loan Market Association highlights passporting issues for UK lenders and importance of transitional arrangements
The Loan Market Association has responded to the UK Treasury Committee's Call for Evidence on EU Exit and Transitional Arrangements.
Market access after Brexit: Prospectus equivalence
Timing is everything. Before the UK referendum on exiting the European Union, the European Commission proposed a draft Prospectus Regulation as part of its Capital Market Union (CMU) initiative.
What kind of transitional arrangement might work for Brexit?
The Prime Minister stated in her Brexit speech on January 17 that the UK will work to negotiate a bespoke Free Trade Agreement (FTA) with the EU.
The Supreme Court rules on Article 50
The Supreme Court has handed down judgment in the UK Government’s appeal against the earlier decision of the High Court that parliamentary approval is needed to give notice under Article 50.
The UK Government’s Brexit plan and its implications for life sciences
On January 17, 2017, Prime Minister Theresa May delivered her much anticipated speech on the UK Government’s plan for exiting the EU.
Theresa May sets out Brexit vision
Yesterday, the Prime Minister, Theresa May, delivered a much anticipated speech setting out the UK Government’s priorities for Brexit.
Regulatory equivalence report: a detailed examination
Scotland’s place in Europe
The Scottish Government has published a paper, Scotland’s Place in Europe. In this paper the Scottish Government sets out its position following the result of the UK’s referendum on the EU.
Brexit and financial services: House of Lords report and European Parliament briefing note
On Friday December 16, the House of Lords’ European Union Sub-Committee published its report on Brexit: financial services.
Airline regulation – what you need to know with Brexit approaching?
We discuss the significant expected impact on flying rights and airline ownership regulations, with a brief consideration of areas which are likely to remain unchanged.
The road to Brexit – is the timetable becoming clearer?
Last week, the Supreme Court heard the Government’s appeal from the High Court’s recent decision that Article 50 cannot be triggered without Parliamentary approval.
UK decides to proceed with the Unified Patent Court System
The future of the Unified Patent Court (UPC) system had been in doubt following the UK’s vote to exit the EU as it had been created within the EU framework.
Article 50 appeal heads to the Supreme Court – and a new challenge on the horizon
The hearing of the UK Government’s appeal against the High Court’s recent decision that Article 50 cannot be triggered without Parliamentary approval is due to commence on December 5.
Brexit: employment law
On November 10, 2016, Parliament published a Briefing Paper setting out the Government’s position in relation to employment rights of workers following the UK’s exit from the EU.
UK sanctions and export controls: impact of Brexit?
Brexit: Impact and opportunities for Africa
Brexit and financial services: 10 things you should know (Part III)
The briefing note looks at recent developments and considers the key issue of equivalence.
Signed, sealed and in the mail: What CETA’s signature means for transatlantic trade
High Court rules on Article 50 challenge
The High Court has ruled that Article 50 cannot be triggered by the UK Government without the approval of Parliament.
Brexit, choice of law, jurisdiction and enforcement
Charlotte Winter, a Partner in our London office and Professor Harris QC, a barrister practising at Serle Court chambers discuss the impact of Brexit on choice of law, jurisdiction and enforcement.
Devolution once again part of the discussion
Over the past two weeks, the issue of devolution has once again featured in the Brexit debate.
Brexit and financial services: 10 things you should know (Part II)
We take a look at some of the key themes that the industry is considering.
What should be the constitutional role of Parliament in the Brexit process?
This is the question that has been central to debates in the House of Commons over the past week and to the legal challenge currently before the High Court.
The French Prudential Control and Resolution Authority and the French Financial Markets Authority are simplifying and speeding up licensing procedures in the context of Brexit
The Great Repeal Bill
After three months of speculation over how and when Brexit will be achieved, there have recently been two important announcements by Theresa May.
Financial services video – an update on Brexit
Peter Snowdon and Simon Lovegrove present a short update on Brexit.
Enforcement of judgments across the EU after Brexit
Enforcement of judgments from civil and commercial claims, a key plank of international trade, is governed by the recast Brussels Regulation.
LMA panellists give upbeat review of UK real estate market post Brexit referendum
The Loan Market Association arranged a panel discussion on the current state of the UK real estate market on 22nd September.
Service of process in the EU after Brexit
For many years, parties across the EU have regularly chosen the English courts to resolve international disputes.
Life sciences sector spells out headline priorities for Brexit negotiations
There is no doubt that Brexit has brought uncertainty, and the sector’s two main trade bodies, the ABPI (Association of the British Pharmaceutical Industry) and BIA (BioIndustry Association) have been quick...
Clarity on the constitutional debate around Article 50 and the role of Parliament?
The House of Lords Constitution Committee has published a report this week looking at the role the UK Government and Parliament should each play in the triggering of Article 50 of the Treaty on European Union.
Moving abroad? Banks will “wait and see”
At the committee last week, Anthony Browne, chief executive of the British Bankers Association, reported that UK based banks have not decided whether to move operations overseas at the moment.
Frustration and force majeure
A common question from companies since the referendum has been “What is the impact, if any, of the EU referendum result on existing contracts?”
Will English exclusive jurisdiction clauses work after Brexit?
Exclusive jurisdiction clauses are key to effective cross-border trade.
Brexit Q&A – impact on derivatives
The effect on UK real estate fund managers
We identify some of the key areas that UK real estate fund managers will be considering and monitoring closely over the coming weeks and months.
What impact will Brexit have on regulation of the maritime industry?
The role that the EU plays in the regulation of the maritime industry has been something which has been examined and debated in the context of this summer’s Brexit vote in the UK.
The EU referendum result – a moment to reflect two months on
The first two months following the UK’s vote to leave the EU have seen any initial shock at the referendum result largely give way to a period of relative calm.
Capital Markets Union – is it still relevant to the UK?
Following the UK referendum result, capital market participants in the UK have asked whether they will still be affected by the EU’s Capital Markets Union (CMU) package of reforms.
How would a loss of passporting rights impact on asset finance and the transport sector?
The post focuses on the potential impact of a Brexit scenario in which passporting rights are lost, on asset finance in the transport sector in particular.
Trade finance – is it business as usual?
Since the UK referendum, there has been little impact on the trade finance market. Trade finance is typically short term, matching trade flows that are actually occurring.
What impact is Brexit likely to have on the UK’s offshore wind industry?
In this briefing, we explore the changing investment landscape as a result of the UK referendum vote to leave the EU and the implications for the UK offshore wind sector.
What impact might Brexit have on the London insurance market?
The London market is currently the largest global centre for insuring commercial and specialty risk.
What does Brexit mean for the funding of UK infrastructure projects by the European Investment Bank?
The UK has benefitted from EUR 29 billion of investment from the EIB over the last five years.
Using a European company to maintain access to the single market
Whilst remaining optimistic that there will be a political compromise allowing continued access to the Single Market, many groups are considering how they could move their businesses to another Member State.
Article 50 – A tricky timeline
Much has been written about how the giving of notice by the UK under Article 50 of the Treaty on European Union will trigger a two year guillotine period leading to its withdrawal.
Balfour Beatty, Brexit and Infrastructure
Balfour Beatty has recently published a paper "Infrastructure 2050: Future Infrastructure Need" which outlines the possible impact of Brexit on UK infrastructure.
Brexit - Share plans and executive remuneration
As the dust settles, we consider the impact of Brexit on share plans and executive remuneration in the short, medium and long term.
What impact is Brexit likely to have on the UK’s oil and gas industry?
Most commentators believe that Brexit, in isolation, is unlikely to have a material effect on the UK's oil and gas industry, including on UK Continental Shelf activities.
COMI reps and EU Insolvency Regulation
The European Insolvency Regulation provides for reciprocal recognition and enforcement of insolvency proceedings across Member States.
Should English law contracts include an Article 55 BRRD Bail-In Recognition Clause?
Possible hints as to the UK’s approach to Brexit
One of Theresa May’s first acts as Prime Minister was to appoint David Davis, as Secretary of State for Exiting the European Union.
Brexit and financial services: 10 things you should know
The briefing note explores the implications of the decision to leave the EU for the financial services sector.
The UK set to have a new Prime Minister: an important step towards greater certainty
What does Brexit mean for the aviation industry?
The post-Brexit environment: how green is the grass on the other side?
This briefing explores the implications of the decision to leave the EU for UK environmental legislation and controls.
Planning for Brexit: impact on UK planning law and practice
In this briefing, we assess the potential implications of Brexit on UK planning law and practice.
How will Brexit impact on intellectual property rights?
There are various IP considerations that ought to be borne in mind now that the UK has decided to leave the EU.
Brexit – The effect on asset and wealth management
In this short briefing, we identify some of the key areas that we see that asset managers will be considering and monitoring closely over the coming weeks and months.
Direct effect and direct applicability: what do they really mean?
Since Brexit, the EU law terms ‘direct effect’ and ‘direct applicability’ have at times been conflated. However, they have distinct meanings which should be clarified.
Brexit – Employment law implications
EU-derived laws after Brexit: Focusing on the CRR and CRD IV
Brexit - webinar briefing
To assist your business with the initial response to Brexit, we joined forces with the Australian British Chamber of Commerce (ABCC) and HSBC to present a live briefing on Thursday 30 June.
Will the vote for Brexit trigger material adverse change clauses?
Could Scotland block Brexit?
Following calls for a further referendum on Scottish independence in light of the vote to leave the European Union, a question has arisen as to whether the Scottish Parliament could block the UK’s departure.
How will Brexit affect litigation in the English courts?
Parties across the world regularly choose the English courts to resolve international disputes. English courts have a reputation for consistency, honesty, transparency and technical knowledge.
What constitutes “notice” for the purpose of Article 50?
There has been some debate following the referendum result on Friday June 24 as to what constitutes “notice” by the UK under Article 50 of the TEU to trigger the formal legal process for withdrawal from the EU.
What is the constitutional debate about notice?
What does the leave vote mean for financial services firms?
The UK has voted to leave the EU. Jonathan Herbst discusses what the leave votes means in practice to you as a GC or as senior management in a regulated firm?
What next for devolution?
Immediately following the result of the EU referendum, there were calls from the Scottish National Party for another referendum on Scottish independence as 62 per cent of voters in Scotland voted to remain.
What happens next?
Following a vote to leave and in order to start the formal legal process the UK government will need to notify the European Council of the UK’s intention to withdraw from the EU.
The impact of Brexit
Martin Coleman discusses the challenges and uncertainty facing businesses following the decision of the UK to leave the European Union.