Tag Archives: Brexit

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EMPLOYMENT OF EU WORKERS AFTER BREXIT

The UK’s membership of the EU and the rules on freedom of movement mean that people from the EU, EEA and Switzerland have had the right to work in the UK with minimal checks required. UK employers only need to check for valid identification proving the worker is a citizen of the UK or an EU/EEA country, meaning they have the right to work in the UK.

Now that the UK has left the EU, this will all be up in the air once the current transition period ends. The government has indicated it intends to implement a new points based immigration system which will apply from 1st January 2021, meaning EU citizens may be subject to greater requirements to work in the UK. Given the duties upon employers to ensure their employees and workers are legally permitted to work in the UK – it being an offence to employ someone who is not – it will be important to ensure that any new requirements are being complied with. However, there are many obvious questions which arise in the meantime. What happens to EU citizens who already work in the UK? Are there any steps which need to be taken now?

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What happens to EU trade marks after Brexit?

A mere three and a half years after the 2016 referendum on membership of the European Union, the UK looks set to “leave” the EU on 31 January 2020. Instead of exiting without a deal (which at one stage looked distinctly possible), the UK’s departure will be pursuant to the New Withdrawal Agreement. Under this deal – which is currently being enshrined into UK law – 31 January 2020 will mark the beginning of an 11 month transition period, with the true exit date currently set as 31 December 2020 (Exit Day).

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Are we running out of time to agree cross-border judicial cooperation post-Brexit?

The answer, according to the European Parliament’s recent report on the impact of Brexit on freedom, security and justice, is “yes”.

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Brexit and family law – the painful divorce?

Since the referendum on the UK’s membership of the European Union, commentators have regularly compared our departure from Europe to a couple divorcing. It is self-evident that some of the issues that will need to be addressed are similar; finances have to be sorted out, assets and liabilities must be divided, the “family” future must be determined and there is the thorny question of who can/will live where.

Within the UK we have three distinct jurisdictions: England and Wales, Scotland and Northern Ireland. Each has its own legal principles and jurisprudence in the field of family law (albeit with some commonality). Put this against the background of approximately 3 million EU citizens living in the UK and approximately 1 million British citizens living in other EU member states (never mind those British citizens who have married or who are in a cohabiting relationship with a non-Brit) and the issues to be discussed become much trickier.

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Brexit for business

The United Kingdom continues to be a member of the EU as well as the Common Market and the Customs Union.  This situation will persist at least until the end of March 2019, i.e. the end of the two year negotiation period stipulated by Article 50 of the Treaty of Lisbon which governs the withdrawal of a member state from the Union. As such, therefore, no changes to the legal and regulatory environment have taken place yet for UK businesses and foreign businesses trading in and with the UK.  Just as it is currently unclear what form Brexit will take (soft or hard or, perhaps more likely, a degree of hardness in between), it is also unclear what changes to the legal environment will occur.

Nonetheless, businesses are understandably concerned about the future and increasingly approach us for advice. The following is a brief overview of key points and questions that we have come across in advising on matters of current significance in the context of Brexit:

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Brexit – recent developments and the implications for some aspects of construction law

The European Union (Withdrawal) Bill (informally known as the “Great Repeal Bill”) passed its second reading on 11 September. The Committee stage is scheduled for 14-15 November, although it is still possible that political pressures will derail that timetable. What impact will the bill, if it completes its passage, have on construction law?

It must be said at the outset that the bill is likely to undergo significant change before it is enacted. Over 400 amendments have been tabled by MPs. Any assessment at this stage must necessarily be provisional.

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Brexit and planning for the unknown in IT

This article was previously published by IT for CEOs and CFOs on 16 October 2017 and is reproduced by kind permission.

Introduction

As is beginning to become apparent, Brexit has wide-ranging consequences in many commercial and business areas. This is equally true in the sphere of data protection, where much of the applicable legislation has developed at an EU level.  This is readily understandable, given (i) the wide-ranging technological advances that have occurred since the UK joined the European Communities in 1973 and (ii) the quintessentially cross-border nature of these developments.

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What happens if you are from the UK or own assets in the UK?

Beware of the dreaded inheritance tax and changes to it from April 2017!

Approximately 1.3 million Britons now live in Australia and Brexit may only increase this number! Many think that moving to Australia means they no longer need to worry about UK tax, but often they are not fully aware of the tax and in particular the inheritance tax (IHT), implications of moving here.  Similar issues can arise for Australians owning UK assets, which has become more attractive because of the exchange rate and individuals working abroad. With information sharing between tax authorities now the norm, it is no longer possible to ignore this.

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Brexit: Take it or leave it?

The contents of European treaties do not generally achieve public notoriety. But – after acrimonious parliamentary debates, Supreme Court challenges and yards of press coverage – everyone has now heard of Article 50 of the Lisbon Treaty.

As part of a deal to secure Parliamentary approval to trigger the EU withdrawal process under Article 50, Prime Minister Theresa May conceded that the deal negotiated with the Council of Ministers would be placed before MPs for approval before it goes to the European Parliament, which must consent to any Article 50 deal before it can be formally signed off.

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BREXIT – the EU Passport Opportunity for Malta

BREXIT – Britain’s momentous decision to leave the European Union has put into question what rights will British nationals and companies located in Britain have in relation to the European market? In particular, there is doubt whether the passporting rights pursuant to European directives will continue to apply.

Malta offers a number of advantages to individuals and companies looking for a secure and stable entry point into the European market.

Malta, a full EU member, has transposed all applicable EU directives into its domestic law, particularly in relation to the financial services sector, covering such areas as Funds, Investment Services, Pensions etc.

Added to which, Malta’s long term, special relationship with the UK, provides UK located individuals and businesses comfort in the face of the forthcoming Brexit changes.BREXIT – Malta’s Opportunity

Why Malta?

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