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New practice note for Scotland on claims relating to citizens’ rights under the Withdrawal Agreement

Following a similar practice direction being published for claims issued in England and Wales, the Court of Session and Sheriff Court have issued Practice Note No. 2 of 2024 “Claims relating to EU and EEA EFTA Citizens’ Rights under Part 2 of the Withdrawal Agreement and Part 2 of the EEA EFTA Separation Agreement“.

From 1 December 2024:

3. When a party initiates or defends proceedings which raise an issue relating to citizens’ rights under the withdrawal agreements, the party should intimate a copy of the summons or initial writ (or petition, defences, or answers) to the Independent Monitoring Authority.

4. Notification should be either –
(a) by email; or
(b) in hard copy, to—
The Independent Monitoring Authority for the Citizens’ Rights Agreements
3rd Floor, Civic Centre
Oystermouth Road
Swansea SA1 3SN
IMA@ima-citizensrights.org.uk

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Sonia Lenegan

Sonia Lenegan is an experienced immigration, asylum and public law solicitor. She has been practising for over ten years and was previously legal director at the Immigration Law Practitioners' Association and legal and policy director at Rainbow Migration. Sonia is the Editor of Free Movement.

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