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Brexit legal resources

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

Brexit advice for your legal area

Automotive

Brexit: The impact on automotive

The EU referendum vote now places a significant cloud over the ability of the UK’s automotive industry to be able to continue to grow at recent rates.

Aviation

Brexit: What might it mean for the aviation sector?

In this briefing we explore some of the rules and rights that might be subject to change in the event that the UK is unable or unwilling to agree a deal with the EU that enables it to maintain full access.

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.

Competition and State Aid

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.

EU and international trade law

Our international trade lawyers are part of one the largest teams of international trade advisors providing international trade tariff and post-Brexit trade negotiation advice in Europe. Our international trade law experts support clients on all aspects of international trade legal advice and provide trade negotiation support and advice including on issues relating to Brexit and international trade tariffs and post Brexit trade negotiations.

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.

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.

Construction

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.

Contracts

Will Brexit affect your contracts?

Contractual risk analysis and Brexit proofing - Guiding businesses through Brexit

The UK’s momentous vote to leave the EU marks 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 marks 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. Following the momentous vote to Brexit, 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 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.

Diversified industrials


Chemicals - Brexit and UK Chemical Compliance

September 2017 update

This briefing considers the latest developments in relation to Brexit, including their likely impact on the chemical sector and what businesses should consider now, to protect their interests.

Brexit and UK Chemical Compliance law

Brexit and UK Chemical Compliance law

Much of our Environmental law originates from the EU. This includes EU Regulations such as REACH which are directly applicable in the UK, without the need for any UK implementing legislation. Other examples relevant to chemicals are the Biocidal Products Regulation (BPR) and the CLP Regulation (Classification, Labelling and Packaging).

Employment

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.

Brexit and UK employment law: implications for the workplace

Brexit and UK employment law: implications for the workplace

EU law is the source of many UK employment rights. At times it has become a controversial and politicised issue, reflecting criticism from some UK employers and politicians that Brussels is too quick to legislate and pays insufficient attention to objections raised by Member States.

Thinking about the future - The potential effects of Brexit on UK pensions

Thinking about the future - Brexit and UK employment rights

In this note we have tried to estimate what an exit from the EU could mean for employment rights in the UK in the long-term. We have assumed a government committed to gaining international competitive advantage by deregulation where politically feasible, along the lines of the US model.

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.

Environment

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.

Brexit and UK Chemical Compliance law

Brexit and UK Chemical Compliance law

Much of our Environmental law originates from the EU. This includes EU Regulations such as REACH which are directly applicable in the UK, without the need for any UK implementing legislation. Other examples relevant to chemicals are the Biocidal Products Regulation (BPR) and the CLP Regulation (Classification, Labelling and Packaging).

UK environment e-briefing – Brexit and UK Environmental law

UK environment e-briefing – Brexit and UK Environmental law

Much of our Environmental law originates from the EU, including law on water, chemicals, air quality, waste, noise, climate change and energy efficiency. Most of it comes from EU directives, for example the Industrial Emissions Directive (IED) and the Waste Electrical and Electronic Equipment (WEEE) Directive, which the UK has implemented into our national law. Some of it is derived from regulations which are directly applicable in the UK, without the need for any implementing legislation here. An example is the REACH Regulation governing chemicals and the Biocidal Products Regulation.

Financial Services

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.

Brexit - making sense of Brexit brochure

Making sense of Brexit - What will it mean to leave the EU for asset managers?

Although much will depend on the final arrangement negotiated, EU directives, particularly AIFMD, MiFID II AND MiFIR, contains provisions governing the rights and duties of non-EEA or third country firms to carry on business in or into EEA.

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.

Litigation and dispute management

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.

Brexit - How this will impact on EU-wide litigation

The UK’s exit from the EU creates uncertainty for those involved in existing cross-border litigation or with EU-wide litigation pending. A definitive answer is unlikely to be given until the model of exit has been negotiated.

Into the unknown - The future for European cross border disputes post-Brexit

With the EU Referendum just days away, the UK is waiting with baited breath to find out what its future holds. Aside from the intense debate over sovereignty, Brexit (if it happens) holds some interesting questions about the future for those engaged in existing cross border disputes or pending litigation with a pan-European aspect

What does Brexit mean for - Arbitration

This briefing represents Eversheds' view at the time of publication and some of its content is now out of date.

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 - Choice of law

This briefing represents Eversheds' view at the time of publication and some of its content is now out of date.

The two Rome Regulations affecting contractual (Rome I) and non-contractual (Rome II) choice of law, which provide that the court will uphold the parties’ choice of law clause, are EU measures. Following the UK’s exit from the EU, they will probably cease to have effect. The law of England and Wales will, absent any agreement to the contrary, revert to its common law position.

What does Brexit mean for - Contract and termination disputes

This briefing represents Eversheds' view at the time of publication and some of its content is now out of date.

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.

What does Brexit mean for - Enforcement of judgments?

This briefing represents Eversheds' view at the time of publication and some of its content is now out of date.

Enforcement of English and Welsh court judgments in EU Member States (or vice versa) is currently a straightforward procedure under the Recast Brussels Regulation (1215/2012). This provides a cost effective procedure for reciprocal enforcement of judgments in all Member States (except Denmark, which is covered by the 2001 Brussels Regulation (44/2001)).

What does Brexit mean for - Jurisdiction clauses

This briefing represents Eversheds' view at the time of publication and some of its content is now out of date.

Whether the English and Welsh courts have jurisdiction in a civil or commercial dispute involving subject matter giving jurisdiction to an EU court or concerning a party domiciled in the EU is currently governed by the Recast Brussels Regulation (Regulation 1215/2012). Applying to disputes commenced on or after 10 January 2015, the regulation provides a comprehensive regime on jurisdiction and seeks to avoid the risk of parallel proceedings across the courts of the EU. The Recast Brussels Regulation applies to all EU Member States, except Denmark.

What does Brexit mean for - Service and the taking of evidence

This briefing represents Eversheds' view at the time of publication and some of its content is now out of date.

Currently, permission is not required to serve an English and Welsh claim abroad where the English and Welsh courts have jurisdiction under the Recast Brussels Regulation, the Lugano Convention or the 2005 Hague Choice of Court Convention. Service into other EU Member States is governed by the EU Service Regulation (1393/2007), which will probably cease to apply following Brexit.

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.

Thinking about the future - The potential effects of Brexit on UK pensions

Thinking about the future - The potential effects of Brexit on UK pensions law

With the referendum date now set for 23 June 2016, this document looks at some of the key legal issues for occupational pension schemes should the UK vote to leave the EU.

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.

Shipping

Brexit – Implications for global shipping and sea trade

The buzzword for the post-Brexit landscape both in Europe and further afield is ‘uncertainty’. No-one really knows the long term effect that Brexit will have on local and global economies

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

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.

Brexit and Trade law: The Implications of a Vote to Leave the EU

The precise implications of the referendum result for international trade are not yet known and will very much depend on the terms of any UK-EU trade agreement. This briefing outlines the repercussions of Brexit for international trade, which are likely to flow from each of the four relationship models (Norway, Switzerland, Turkey and South Korea) and, of course, the World Trade Organisation (“WTO”) fall-back model.

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