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.
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.
The inclusion of an article, publication or online resource on this page does not constitute a recommendation or endorsement.
Five page briefing exploring the practical implications of continuing to use English governing law and jurisdiction clauses.
Legal briefing from law firm Travers Smith which looks at the steps businesses should be taking to "Brexitproof" their commercial contracts.
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
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.
Online guide from law firm Herbert Smith Freehills which will be updated regularly as the legal impact of Brexit evolves.
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.
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'.
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.
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.
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.
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.
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.
Analysis, commentary and checklists from CMS Law-Now on the legal implications of a Brexit on businesses operating in, and trading with, the UK.
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.
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.
A portal presenting Parliament’s analysis of how leaving the EU will affect different policy areas in the UK.
Microsite from Simmons & Simmons which offers analysis of the legal consequences of Brexit and its impact on business activities.
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.
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.
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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