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EU Copyright regulation after the Brexit transition period As the UK enters the final six months of its countdown until the end of the transition period on 1 January 2021, the European Commission (EC) has published a stakeholder notice on certain implications for copyright and related rights. In particular, this...

Brexit and Bail-in clauses The EU Bank Resolution and Recovery Directive (“BRRD”) gives powers to EEA regulators to write down or convert into equity a failing institution’s liabilities. This power is effective in respect of liabilities under a document governed by EEA law, but is...

Brexit, C-19 and employee claims on insolvency With so many businesses under pressure from the impact of the Covid-19 outbreak, insolvency law and protections are a key area of focus for businesses and the UK government. Where a UK business becomes insolvent, the guarantee provided by the National...

UPC update - Germany's Constitutional Court says Germany's UPC ratification is void - is this the final nail in the UPC coffin? ... and an opportunity for the UK? In previous posts here and here we have looked at the so-called demise of the Unified Patent Court (UPC) and the Unitary Patent (UP) from the UK perspective, especially in the post-Brexit intellectual property landscape. Now it is Germany's turn to take...

The US's reaction to France's DST In her recent post, Zoe Andrews suggested that, given the importance for the UK of securing a post-Brexit trade agreement with the US, now might not be the best time for the UK to introduce a digital services tax. Support for her view is to be found in...

Biscuits, Brexit, and big data Britain's favourite biscuit is the McVitie's milk chocolate digestive. Britain's favourite ice lollies are Magnum ice creams. And most memorably, the UK will decide to remain in the EU. All of these are the result of polls of individuals conducted by...

Decisions to be made on UK CFC State aid challenge Now that they have had a chance to digest the decision in the EU State aid investigation into certain aspects of the UK CFC rules, affected taxpayers are asking a number of questions. Will the UK appeal? It would seem surprising if it did not - and we...

Exploring technological solutions for the Irish border post Brexit Over the last week or two there has been lots of debate about unnamed 'technological solutions' for avoiding a hard border in Ireland. So what are these mooted solutions? Firstly, we need to establish what this type of border is usually used for, taking...

Parent Company Liability back in the Supreme Court The English courts have become a popular destination for foreign claimants seeking damages from UK-domiciled parents for the alleged wrongful actions of their overseas subsidiaries. A new judgment from the Supreme Court gives useful guidance on the...

Reflections on the EU-UK Co-operation Agreement The EU-UK Trade and Co-operation Agreement (the TCA), which came into provisional effect at 11pm on 31 December, is welcome in terms both of what has been achieved, and in providing a more cordial basis for future EU-UK relations and co-operation. The...