Welcome to our Brexit blog. We will be adding content to this section on an ongoing basis and would encourage you to visit this page regularly.
Selling Services to the EU in a post-Brexit World
11 February 2021
The UK-EU Trade and Cooperation Agreement (the “Agreement”) concluded with the EU on 30 December 2020, ensures that UK companies can continue to access the EU market. While the Agreement sets out the level of access to each Party’s domestic market, there are important changes to be aware of now that UK businesses no longer operate under European Economic Area (EEA) regulations relating to cross-border services.
Brexit consequences for Commercial Contracts
19 January 2021
It was never in doubt, was it? The UK has entered into the UK-EU Trade and Cooperation Agreement (“TCA”) which is a free trade agreement. If your business is party to contracts with parties in the EU, you should consider the following implications.
Professional Services in the EU under the New Trade Agreement
11 January 2021
On 1 January 2021, the UK entered a “brand new partnership” with the European Union. Irrespective of your opinion of Brexit, it was inevitably going to change how business was done in Europe. This blog examines the short-term entry requirements and the transferability of professional qualifications now that UK professionals no longer have the ability to automatically work in the EU.
Brexit – Can Scotland Keep Up?
23 December 2020
As an EU member state, the UK has implemented EU policies and legislation in adherence to the EU’s environmental standards. However, after the transition period ends next week, on 31 December 2020 (“IP completion day”), the UK will no longer be bound by EU legislation.
Brexit - Import and Export of Goods
02 December 2020
The pandemic and the uncertainty created by the various shades of lock-down have distracted us from the impending no-deal exit from the EU. However, the 1st of January 2021 is now very close and a trade deal continues to look uncertain. In a non-negotiated exit, the combination of tariffs, customs procedures, and regulatory change creates both additional burdens and costs on both the import and export of goods between the UK and EU. Below is a summary of the practical implications of a non-negotiated exit and some suggestions on how to prepare.
The UK has left the EU, what now?
05 February 2020
After months of uncertainty and debate, the UK has now officially left the European Union and our MEPs have left their offices in Brussels.
Buying British? State aid and trade post-Brexit
20 December 2019
The policy of the newly elected UK Government is to obtain, as soon as possible, the Westminster Parliament’s approval of the revised Withdrawal Agreement that was negotiated with the EU in October 2019. Given the new Government’s majority of 80, it seems inevitable that it will be able to do so.
“To Prorogue, or not to Prorogue: that is the Question”
11 October 2019
When preparing to write this article, I had hoped to be able to provide the next instalment of “Brexit – The (Legal) Definition of Frustration”, updating the position on whether Brexit counts as a frustrating event (at least in the legal sense).
Brexit – Some clarity for EU Nationals in the UK
08 October 2019
With Brexit dominating the national press, our EU national clients have been seeking advice on many areas, in particular their right to remain in the UK after Brexit.
Brexit – An Update: 30 Days to Go
1 October 2019
As we approach the deadline of 31st October, it remains unclear if the UK will leave the EU with, or without, a deal.
Commercial Agency – Brexit and a reminder
23 September 2019
Principals and Agents entering into contracts with each other will generally be familiar with the Commercial Agents (Council Directive) Regulations 1993 which were brought in to implement the EU Commercial Agent Directive.
Brexit’s detrimental effects on consumer rights and business
22 August 2019
In the wake of a possible no-deal Brexit, the law surrounding consumerism could be subject to various vital changes.
Brexit - The (Legal) Definition of Frustration?
7 June 2019
It is probably fair to say that the words “Brexit” and “frustration” will have featured in the same sentence a few times over the past couple of years. However, earlier this year the High Court in England confirmed its view that Brexit is not, in fact, a frustrating event. Well, not in the legal sense at least.
Brexit – The Mechanics
16 April 2019
With everything which is happening before our eyes in Parliament, it is easy to overlook that an enormous amount of work is going on behind the scenes to ensure that we are ready for Brexit in whatever form it might occur.
Brexit in the Corporate World: a double-edged sword
25 January 2019
With a significant portion of attention focused on the potential problems which UK companies will face in the event of a hard-Brexit, it is important to note that these changes are not just a British problem. In fact, many EU companies could potentially experience a far more significant impact and, as just published, some countries, like Germany, are making their own preparations in an effort to soften the repercussions.
OJEU and a No-deal Brexit: What to Expect
19 October 2018
The UK is due to leave the EU on 29 March 2019 and recent weeks have seen an increasing shift towards the possibility of a no-deal Brexit. How would a no-deal Brexit affect public bodies, suppliers and other contracting authorities in terms of their obligations under the procurement rules? On 13th September 2018 the UK Government published guidance with regards to accessing public sector contracts if there is a no-deal Brexit.
The European Union (Withdrawal) Act 2018
29 June 2018
The EU Withdrawal Bill received Royal Assent on 26 June 2018 and became the European Union (Withdrawal) Act 2018 (the “Act”).
The Haulage Permits and Trailer Registration Bill 2017-19
06 June 2018
The Haulage Permits and Trailer Registration Bill 2017-19 (the "Bill") was introduced to the House of Lords on 7 February 2018 and had its first reading in the House of Commons on 24 April 2018.
EU Trade Marks and Brexit
22 March 2018
Like many aspects of Brexit, the future remains uncertain. Commercial common sense dictates that in the world of intellectual property, like many other areas, agreement will need to be reached between the UK and EU which preserves the ability to trade and conduct commercial relations on a continuing basis. However, in the absence of agreement with Brussels, there are no guarantees.
Trade Bill 2017 – 2019
09 February 2018
The government introduced the Trade Bill 2017-19 (the “Bill”) to Parliament on 7 November 2017 and it received its second reading on 9 January 2018. The main purpose of the Bill is to ensure that the UK has the necessary measures in place in order that it can build future trade policies after it has left the EU.
Brexit and Intellectual Property
02 November 2017
As with many areas of law and regulation in the UK, the current intellectual property regime is heavily regulated by European legislation. Brexit will have a significant impact on this area over the coming years and some changes will be significant. Businesses will need to take steps to ensure protection of their intellectual property rights, particularly in those areas most affected by the UK’s withdrawal from the EU.
Sanctions and Anti-Money Laundering Bill
31 October 2017
The Sanctions and Anti-Money Laundering Bill (the “Bill”) was introduced to the House of Lords on 18 October 2017. It is scheduled to have its second reading on 1 November 2017. The Bill seeks to enable the UK to continue to comply with the current UN sanctions regime after Brexit and is the first item of legislation brought to the House of Lords as part of the Brexit process.
16 August 2017
The free movement of persons occupied a high profile role during the EU referendum debate and continues to do so now. It is a widely accepted principle of EU law that the four fundamental freedoms (the freedom of goods, services, people and capital) are linked to the single market, and therefore, if the UK wishes to abandon the right to free movement of people, it must also give up its access to the single market.
The Great Repeal Bill
03 July 2017
In March the UK government published its white paper titled ‘Legislating for the United Kingdom’s withdrawal from the European Union’ (the “White Paper”). The White Paper outlines the government’s proposals in respect of the “Great Repeal Bill” and how it plans to transpose EU law into UK law.
Brexit: A pure question of law
29 November 2016
R (Miller & Anor) v Secretary of State for Exiting the European Union & Ors  EWHC 2768 (Admin). The High Court has ruled that the government cannot rely on the royal prerogative to give notice of the UK’s intention to withdraw from the European Union (EU) pursuant to Article 50 of the Treaty of the European Union (TEU) without recourse to parliamentary approval.
Managing Brexits – Breaking up is hard to do?
04 November 2016
Whatever side of the debate you were on, there can be no doubt that the referendum vote on 23 June this year was one of the most significant political and economic events for many decades. The recent High Court decision on the challenge to the government’s right to implement Article 50, demonstrates the complexity of the issues, and the state of confusion that prevails.
Brexit – Planning for the Future
22 September 2016
When the UK’s decision to leave the EU was announced on 24 June 2016 it sent shockwaves through the world which has resulted, amongst other things, in unprecedented political change, turbulent currency markets and a number of questions for businesses.