In August 2018, the UK Government published a series of technical notices intended to help businesses and citizens prepare for a “no deal” scenario in which the UK leaves the EU without having agreed either a Withdrawal Agreement or a framework for the UK’s future relationship with the EU.
25 notices have been published so far, out of an anticipated total of 84. The initial batch includes a number of topics of general interest, including financial services, certain customs and trade issues and importantly, state aid. The Government’s advice on a number of key topics, for example, data protection and civil jurisdiction arrangements remains outstanding.
The high level content of the notices made available so far suggests that even when the full set have been published, they may not provide businesses with much further insight into the legal and commercial risks of “no deal”. The notices do however, provide formal confirmation of the Government’s self-help options and the limitations of those possibilities, which businesses will wish to cross-check against their own assumptions in relation to a "no deal" scenario.
This briefing, following on from our June 2018 briefing, summarises the challenges that might arise in relation to the state aid regime in a “deal” or “no deal” scenario.