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Legal issues arising from Brexit

This page contains a list of externally produced resources which consider the legal implications for businesses arising from the decision to leave the EU.

The legal issues for businesses arising from brexit are complex and could come down to the wording of individual corporate contracts and agreements. Many of the guides produced by law firms highlight key areas that companies should review.

Looking for the ICAEW view on brexit? Find the latest updates and expert analysis at the ICAEW Brexit hub.

Statements and publications

The inclusion of an article, publication or online resource on this page does not constitute a recommendation or endorsement.

Contracts

Brexit and commercial contracts: Assessing the impact

Linklaters LLP 30 January 2017

Article from Linklaters LLP assess how the UK’s decision to leave the EU will affect businesses’ contractual obligations. The authors look at issues around commercial impact (interpretation, financial hardship and impossibility); references to the EU in contracts; governing law and jurisdiction. The article suggests steps for future-proofing and looks at the use of Brexit termination clauses. This article first appeared in the November 2016 issue of PLC Magazine.

Brexit: The impact on contracts

Travers Smith March 2017

Legal briefing from law firm Travers Smith which looks at the steps businesses should be taking to "Brexitproof" their commercial contracts.

English law contracts post-Brexit: What changes should commercial parties expect?

Herbert Smith Freehills 24 September 2016

One of a series of contract disputes practical guides published by Herbert Smith Freehills, comprised of a pdf guide and a podcast. The guide looks at changes that might occur following brexit and highlights some practical steps that businesses can follow to protect their position.

Other legal issues

Data Protection and Brexit - Is your organisation prepared?

GOV.UK 28 January 2019

Article from GOV.UK reminding businesses and charities which share personal data with organisations in the EEA that they will need to take steps to ensure they continue to comply with data protection laws if the UK leaves the EU without a deal. The article provides pointers to the practical guidance available to help businesses and charities with this task.

Brexit Legal Guide

Herbert Smith Freehills 28 June 2018

Online guide from law firm Herbert Smith Freehills which will be updated regularly as the legal impact of Brexit evolves.

Brexit and financial services

House of Commons Library 7 June 2018

Briefing paper from the House of Commons Library on the implications of Brexit for the financial services sector. The paper draws together the responses of official bodies, financial institutions and other organisations as well as highlighting developments since the referendum.

The exchange and protection of personal data

HM Government 24 August 2017

Future partnership paper from the UK Government that seeks agreement on regulatory co-operation on data protection following the UK exit from the EU that 'allows free flows of data to continue between the EU and UK'.

Brexit and Money Laundering

Red Lion Chambers 10 April 2017

A short paper from Red Lion Chambers which looks at the UK's commitments under the EU Anti-Money Laundering Regime, the impact of Brexit and the future regulatory approach.

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Hubs

Brexit hubs have been established by professional firms, organisations and publications that provide regular updates on the latest steps towards exit from the European Union and the impact on businesses.

Brexit

International law firm Eversheds offer a range of content on the key issues for businesses, including a series of guides on topics such as contracts and procurement.

Brexit - Legal Impact

Global law firm DLA Piper provides a series of publications offering an insight into the legal implications of the vote to leave the EU for businesses.

Brexit Essentials

The brexit hub from Slaughter and May offers a series of briefings which are designed to help senior executives in charge of legal, finance and risk determine the impact of the referendum and its outcome on their business.

Brexit Next: Legal Implications

Analysis, commentary and checklists from CMS Law-Now on the legal implications of a Brexit on businesses operating in, and trading with, the UK.

Brexit SI Tracker

The UK Government is in the process of publishing around 1000 amending statutory instruments (SIs) to ensure that the UK’s laws and regulations will function effectively after the UK exits the EU. This tool, developed by Linklaters, is designed to help businesses identify SIs which could affect the markets they operate in.

Brexit: The Impact on Business

Company tracker from Bloomberg which looks at how Brexit is affecting businesses through analysis of earnings, news reports and public statements. The tracker looks at profits and prices; jobs and investment; deals; headquarter moves and winners.

Brexit: the legal implications

Microsite from Simmons & Simmons which offers analysis of the legal consequences of Brexit and its impact on business activities.

Business Wales

Brexit portal from Business Wales featuring support on seven topics (business strategy and operations, innovation, sales and marketing, export, people management, finance and other support). The portal also includes a Brexit Toolkit which allows you assess your readiness for Brexit and produces a report which highlights areas you may need to address.

Institute of Directors: Brexit

Brexit portal from the Institute of Directors with a specific focus on the issues that directors be thinking about in the aftermath of the vote for Brexit.

New Law Journal

The New Law Journal's brexit hub offers a mixture of news, opinion and in-depth analysis of the legal developments surrounding the UK's departure from the EU.

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