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Brexit legal resources

Our Brexit lawyers have produced a number of guides to discuss how Brexit will affect business.

This deal, no deal, no Brexit – Parliament (finally) votes

Eversheds Sutherland hosted a webinar for clients and contacts following the parliamentary vote on the UK’s Brexit deal. In this recording we explain the impact of the result of the vote and the likely next steps in the Brexit process. Our audience was also updated on the implications of a hard exit and the other options, such as Norway Plus, that could still be available to the UK and its future relationship with the EU.

Brexit planning and strategy - Our Brexit legal and regulatory toolkit

Many of our clients’ boards and senior leadership teams are rightly focusing on Brexit and the impact it may have on their businesses, supply chains, employees and other stakeholders.

Brexit advice for your legal area

Banking and finance

Brexit - making sense of Brexit brochure

Brexit - what are the implications for loan documentation?

This note sets out our views on the likely implications for loan documentation in the short and medium term as a result of Britain’s vote to leave the EU.

Chemicals and Environment


Considering the impact of the proposed Brexit deal on Chemicals Regulation at the House of Commons

On 4 December 2018, Eversheds Sutherland’s Elizabeth Shepherd was on a panel providing oral evidence to the House of Commons Environmental Audit Committee at a one-off session to consider the impact of the proposed Brexit deal on Chemicals Regulation.

Brexit

Is your business ready for Brexit?

Are you struggling to understand how Brexit may impact the chemical compliance aspects of your business and next steps to consider? Download our brochure to see what we can help your business.

Competition and State Aid

House of Lords publishes report on Brexit’s impact on competition and state aid with evidence from Eversheds Sutherland

On 2 February 2018, the EU Internal Market Sub-Committee of the House of Lords (“EU Committee”) published its report on the implications of Brexit on competition law and State aid (“Report”)1. On antitrust and merger control, the Report concludes that there should continue to be consistency between the UK’s and EU’s approach to competition matters, but post-Brexit, the UK would be free to adopt a more innovative and responsive approach to tackling global competition enforcements challenges.

Eversheds Sutherland’s response to House of Lords Competition inquiry (15 September 2017)

Brexit – State aid and public procurement law update

In our original June 2016 briefing (seen below) on the possible effects of Brexit on public procurement and State aid legislation we set out a number of possible post-Brexit scenarios.

Since then, there have been a number of Government statements and comments which clarify further the likely effects of Brexit on current EU law obligations, including as regards State aid and public procurement.

UK Competition Law - The implications of a vote by the UK to leave the EU

This briefing explores the likely changes to the key competition law prohibitions, discusses five key areas where the vote to leave will impact on UK businesses, and then puts forward some ideas about how UK competition law might develop outside the EU in future.

Contracts

Brexit planning and strategy - Our Brexit legal and regulatory toolkit

Many of our clients’ boards and senior leadership teams are rightly focusing on Brexit and the impact it may have on their businesses, supply chains, employees and other stakeholders.

Will Brexit affect your contracts?

Contractual risk analysis and Brexit proofing - Guiding businesses through Brexit

The UK’s momentous vote to leave the EU marked the dawn of an unprecedented period of uncertainty for business. Whilst the precise nature of the UK’s future relationship with the EU and the impact this will have on business and trading arrangements is currently unknown, there are some mechanisms that can be used to mitigate these uncertainties.

Will Brexit affect your contracts?

Contractual risk analysis and Brexit proofing for your IT and Outsourcing arrangements - Guiding businesses through Brexit

The precise nature of the UK’s future relationship with the EU and the impact this will have on business and trading arrangements is currently unknown. The biggest impact is at a macro-level. Uncertainty and a change in priorities for the major buyers of IT and outsource services will mean, in the short term at least, that there is less business to be won. This is of course not a prediction that is unique to the outsourcing and technology markets.

Brexit - How this will impact on UK contracts and trading relationships

All businesses that trade with the EU, whether as a supplier or purchaser, will be affected.

Consumer law risk analysis and Brexit proofing - Guiding businesses through Brexit

The UK’s momentous vote to leave the EU marked the dawn of an unprecedented period of uncertainty for business. The precise nature of the UK’s future relationship with the EU and the impact this will have for businesses on their arrangements with consumers is currently unknown, but there are mechanisms that can be used to mitigate this uncertainty.

Will Brexit affect your contracts?

Brexit – planning for uncertainty - “What if?” has become “what now?”

This briefing gives some general pointers for contingency planning for general commercial contracts. It does not look at particular sectors or regulations, nor the impact of a reduction in migration of labour but is a starting point for a review of Brexit's general implications for trading arrangements.

Brexit – planning for uncertainty - “What if?” has become “what now?”

This is a short podcast from our Commercial team. We have two of our commercial experts, one of our partners and, a member of our professional support team, who are going to talk about how you can protect your business against some of the inevitable uncertainties that the UK will now be facing.

Will Brexit affect your legal contracts?

The decision of the United Kingdom voting to leave the European Union at the referendum raises a number of important issues for businesses.

What does Brexit mean for - Contract and termination disputes

Market uncertainty generated by Brexit has implications for contracts which may have been entered into on the basis that the UK is, and will remain, a member of the EU.

Contracts

Brexit planning and strategy - Our Brexit legal and regulatory toolkit

Many of our clients’ boards and senior leadership teams are rightly focusing on Brexit and the impact it may have on their businesses, supply chains, employees and other stakeholders.

Will Brexit affect your contracts?

Contractual risk analysis and Brexit proofing - Guiding businesses through Brexit

The UK’s momentous vote to leave the EU marked the dawn of an unprecedented period of uncertainty for business. Whilst the precise nature of the UK’s future relationship with the EU and the impact this will have on business and trading arrangements is currently unknown, there are some mechanisms that can be used to mitigate these uncertainties.

Will Brexit affect your contracts?

Contractual risk analysis and Brexit proofing for your IT and Outsourcing arrangements - Guiding businesses through Brexit

The precise nature of the UK’s future relationship with the EU and the impact this will have on business and trading arrangements is currently unknown. The biggest impact is at a macro-level. Uncertainty and a change in priorities for the major buyers of IT and outsource services will mean, in the short term at least, that there is less business to be won. This is of course not a prediction that is unique to the outsourcing and technology markets.

Brexit - How this will impact on UK contracts and trading relationships

All businesses that trade with the EU, whether as a supplier or purchaser, will be affected.

Consumer law risk analysis and Brexit proofing - Guiding businesses through Brexit

The UK’s momentous vote to leave the EU marked the dawn of an unprecedented period of uncertainty for business. The precise nature of the UK’s future relationship with the EU and the impact this will have for businesses on their arrangements with consumers is currently unknown, but there are mechanisms that can be used to mitigate this uncertainty.

Will Brexit affect your contracts?

Brexit – planning for uncertainty - “What if?” has become “what now?”

This briefing gives some general pointers for contingency planning for general commercial contracts. It does not look at particular sectors or regulations, nor the impact of a reduction in migration of labour but is a starting point for a review of Brexit's general implications for trading arrangements.

Brexit – planning for uncertainty - “What if?” has become “what now?”

This is a short podcast from our Commercial team. We have two of our commercial experts, one of our partners and, a member of our professional support team, who are going to talk about how you can protect your business against some of the inevitable uncertainties that the UK will now be facing.

Will Brexit affect your legal contracts?

The decision of the United Kingdom voting to leave the European Union at the referendum raises a number of important issues for businesses.

What does Brexit mean for - Contract and termination disputes

Market uncertainty generated by Brexit has implications for contracts which may have been entered into on the basis that the UK is, and will remain, a member of the EU.

Corporate

Navigating Brexit - EU cross-border reorganizations guide

Your business will inevitably be concerned about the impact of Brexit on your current operations and corporate structures. It is crucial that you are taking steps now to assess Brexit risk and ensure business continuity when the UK leaves the EU on 29 March 2019, or at the end of any agreed transitional period.

Employment and Immigration

Deal or no deal

Deal or no deal? How different Brexit deals could affect employment and immigration

Our monthly one-page #Brexit bulletin summarises our thoughts on the possible implications of different Brexit scenarios from employment and immigration law.

Recent Brexit Developments Image

Recent Brexit developments: implications for employment and immigration law

We have recently seen the Royal Assent of the EU (Withdrawal) Act 2018 (“the Withdrawal Act”) and the publication of the Government’s White Paper flowing from its much heralded “Chequers Agreement”. The White Paper aims to build on those commitments by seeking a legally-binding agreement with the EU on the non-regression of UK employment law and an end to free movement of labour, while the Withdrawal Act provides for legal continuity immediately after Brexit.

Brexit and the Future of UK Immigration - A report from Eversheds Sutherland LLP

Following the Prime Minister’s recent speeches on Brexit, immigration policy is clearly at the very heart of Brexit negotiations. Accordingly, it is becoming more apparent that a ‘clean’ Brexit will mean a revised UK immigration system that applies to both EU and non-EU nationals.

Brexit

Making sense of Brexit - The implications for global mobility

As the dust begins to settle on the decision to ‘Brexit’, the potential impact on employers with an international workforce remains a hot topic. Whilst the future of free movement is unclear, there are a number of practical steps which employers can take to manage both the immediate and the longer term risks and issues. Our new guide to the implications of Brexit for global mobility summarises those steps and outlines the type of support which our team of global mobility lawyers can provide.

UK HR - Brexit: some frequently asked questions about workers and immigration

We have sought to address some of the more immediate issues employers may have and to share our thoughts, taking into account the inevitable political and legal uncertainties at present. There are some issues which employers should start to think about now and to plan ahead.

Financial Services

Helping you through changing times - Our European Brexit tracker for financial services institutions

Our European Brexit tracker provides a quick overview of the current position in relation to UK funds and UK fund managers seeking to sell services into EU27 countries after Brexit, including what steps may be necessary to relocate to those countries and whether delegation of functions from those countries to the UK after Brexit may be possible.

New EU laws for marketing AIFs and UCITS: One step forward, one step back?

On 12 March 2018, the European Commission (the “Commission”) published legislative proposals for new rules on marketing AIFs and UCITS.

Keeping the present for a little longer: the impact of the Brexit Withdrawal Agreement on financial institutions

“Not a Dirty Word”: ESMA revisits the impact of its Opinion on delegation for UK managers if there is a “hard” Brexit

Getting on with it: the FCA and PRA plans for Brexit

UK and EU square up on Financial Services - A commentary on recent developments in the Brexit negotiations on Financial Services

Brexit: Implications for Financial Services videos

Brexit: Implications for Financial Services videos

Following the referendum vote to leave the EU, this series of videos explores the legal and practical ramifications of this decision.

Intellectual Property

Brexit - making sense of Brexit brochure

The potential impact of Brexit on intellectual property within the UK

Intellectual property rights in the UK are intertwined with EU legislation and case law. Although immediate substantial legal change is unlikely, the vote to leave the EU will undeniably have a major impact on this area of law.

Podcast: Likely impact Brexit will have on intellectual property

In this topical podcast, our global IP team discuss the likely impact Brexit will have on intellectual property, including: trademarks, registered community designs, patents, copyrights, domain names and IP litigation.

 

Litigation and dispute management

no-deal Brexit

What does no-deal mean for commercial litigation across the EU?

In December 2018, the UK Government called on businesses to implement their contingency plans for a no-deal Brexit, increasing concerns that the UK may leave the EU without an exit agreement. This note considers what a no-deal Brexit would mean for UK businesses engaged in or contemplating litigation involving other EU Member States.

 

Brexit and UK Chemical Compliance law

What does Brexit mean for EU-wide dispute resolution?

This briefing contains our updated and consolidated thinking on how Brexit might affect the recognition and enforcement of judgments; choice of law; jurisdiction clauses; and service and taking of evidence. We have separately updated our notes on contractual termination and arbitration which can be read here.

 

What does Brexit mean for arbitration

London is one of the most preferred and widely used seats for international arbitration, for a variety of reasons. Will the UK’s exit from the EU affect any of these reasons, causing other seats, such as Paris, to be preferred over London?

What does Brexit mean for contract and termination disputes

Market uncertainty generated by the UK’s EU referendum result and the lead up to its formal departure from the EU has implications for contracts which may have been entered into on the basis that the UK is, and will remain, a member of the EU.

This briefing contains our updated thinking, given the additional information now available, on how Brexit might affect contract and termination disputes.

Pensions

Brexit - How will this impact on UK pensions

In the short term, Brexit is unlikely to have a significant impact on the legal and regulatory framework for UK pension plans. It does, however, open the door for UK legislation to deviate from EU requirements in the future (for example, in relation to funding, investment and plan governance). Furthermore, without the influence of the CJEU in the background, UK case law on matters previously the preserve of the EU, such as equal treatment and TUPE, may start to take its own domestic direction.

Privacy and information

Brexit: the impact on General Data Protection Regulation

There are different types of EU law. Indirect EU laws, such as the Directive, need to be implemented by domestic UK legislation – the DPA - to become applicable and enforceable in the UK. Those domestic UK laws will be unaffected by Brexit and so the DPA will continue unless and to the extent the UK Parliament repeals or amends the DPA, whether to deal with GDPR and / or Brexit.

Brexit - How this will impact on UK Data Protection

Immediately following Brexit, the vast majority of data privacy and public access to information laws in the UK will continue unchanged. Some laws are purely UK with no EU foundation, such as Freedom of Information legislation.

Procurement

Brexit and UK public procurement law

Following the June 2016 referendum on the UK’s membership of the EU, the UK government triggered article 50 of the Treaty on the Functioning of the European Union on 29 March 2017, thereby commencing the two-year formal process that will ultimately lead to the UK’s exit from the EU.

Brexit – State aid and public procurement law update

In our original June 2016 briefing (seen below) on the possible effects of Brexit on public procurement and State aid legislation we set out a number of possible post-Brexit scenarios.

Since then, there have been a number of Government statements and comments which clarify further the likely effects of Brexit on current EU law obligations, including as regards State aid and public procurement.

Brexit - How this will impact on UK Procurement Law

In the wake of Brexit, the extent to which existing UK procurement legislation, which implements EU procurement directives, might need to be amended post-Brexit would depend primarily on the type of relationship the UK negotiates with the EU and the extent to which the UK would continue to have access to the “Single Market” (that is, the EU’s internal market). We would expect that full access to the Single Market would entail continued application of EU procurement legislation.

The effect of “Brexit” on UK public procurement legislation and the application of EU State aid rules in the UK

This briefing considers issues relating to the extent to which the UK’s exit from the European Union might lead to changes to domestic procurement legislation and whether, post-Brexit, restrictions on government subsidies might continue to apply.

Restructuring and insolvency

Brexit – implications for the UK restructuring and insolvency market

Brexit – implications for the UK restructuring law and insolvency market

It is likely to be some time before we know what form the future relationship between the UK and the EU will take. What is certain, however, is that the process of separation will lead to legal changes of unprecedented scope and complexity.

Real estate

Brexit – how this will impact on UK Real Estate

We are likely to see a short period of stunned disbelief followed by market adjustment and falling prices as potential investors slow their investment in the UK down until plans for an orderly exit are settled; hopefully then followed by an increase in inward investment taking advantage of dropping prices and a weaker pound.

Five key implications of Brexit for planning, infrastructure and development

The outcome of the vote in favour of leaving the EU will undoubtedly have far reaching implications, but what does this mean for the UK planning system?

Brexit - How this will impact on UK Construction

The impact on UK construction will vary depending on the post-Brexit model the UK and the EU adopt. Predicting all of the possible impacts is difficult if not impossible but we have highlighted some of the more likely impacts for UK consideration.

How to get a good Brexit for your business

Brexit is not one event. It is a range of possible deals. The final Brexit agreement with the EU will determine the UK's (and your company's) future for the next 20 years.

Tax

Brexit - making sense of Brexit brochure

The Investment Association - Brexit: Tax issues for Investment Managers

The Investment Association has written a series of documents – “Brexit Series” – outlining the potential impact of Brexit on the investment management sector, and helping our members chart a course through the uncertainties that Brexit brings.

This report examines the tax consequences of Brexit to both investment managers and their clients who invest through funds.

How taxing is Brexit? - Our tax lawyers considers the implications of an exit from the European Union on taxation in the UK

Brexit is not certain or necessarily even probable. But if the UK were to leave the EU, what would change in the world of UK taxation?

This document looks at the possible effects on the UK tax regime of Brexit across the main taxes.

Trade


Brexit & Trade: UK Government Releases Practical Guidance for Businesses

On 23 August 2018 the UK Government released the first instalment of a series of reports on the impact of a ‘no deal’ Brexit (i.e. leaving the EU without a trade agreement in place) and the necessary preparations that UK businesses will need to make, particularly to prepare for new rules regarding the import and export of goods.


The Government clarifies its proposals for a post-Brexit sanctions regime

On 2 August, the Government has published its response (“the Response”) to the consultation on the legal framework for imposing and implementing sanctions in the United Kingdom upon its withdrawal from the European Union.

The consultation lasted for 9 weeks and closed on 23 June 2017 – just a couple of days after the Queen’s Speech, which confirmed the Government’s intention to introduce a Sanctions Bill during this Parliamentary Session. We discussed the proposed White Paper which outlined the Government’s vision for establishing a post-Brexit sanctions regime in our previous briefing (available here) .

The key points of the Response are set out in this briefing.


UK government sets out proposals for future customs arrangements

On 15 August 2017, the Government published its position paper on “Future customs arrangements” (“Position Paper”) which intended to provide some clarity to businesses as well as give the EU some food for thought before the third round of the Brexit negotiations begin at the end of August. In short, the Government wants trade between the UK and the EU to continue to be as “frictionless and seamless as possible”, whilst also being able to negotiate its own preferential trade agreements with non-EU countries - something which EU Member States are unable to do.

In this briefing we consider the UK Government’s proposals and comment on their feasibility.


Eversheds comment: Could the UK join EFTA?

On 27 June 2016, the European Free Trade Association (“EFTA”) held its summer Ministerial meeting at which the outcome of the UK’s referendum on EU membership and its possible implications were discussed.

In this briefing we outline what EFTA is, and the rights and obligations associated with being an EFTA State.

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