Insights

We can help you understand the impact of Brexit on your business with our in-depth analysis and practical guides. Our macro pieces will be relevant across all sectors and help businesses understand the areas they need to consider. We also look at specific issues businesses are facing and consider the best ways to tackle them.


Temporary Permissions and Contract Continuity for Financial Institutions across Europe

While it is still conceivable that a deal with an appropriate transition period will be finalised between the UK and the EU, a "hard Brexit" remains a possibility.  In light of this, the UK and other jurisdictions have published legislation to accommodate the impact of a no-deal Brexit. With the assistance of our team across the jurisdictions, we have compiled information on these measures in respect of the UK, France, Germany, Luxembourg, Poland, the Netherlands, Italy and Spain.

 

The Johnson Brexit Deal: Three things to note

Keeping you informed, an update from our previous note of 18 October.

Following the vote in Parliament on Tuesday, 22 October 2019, against the Government's proposed timetable for passing the EU Withdrawal Agreement Bill, the UK Government has decided to put a pause on implementing the Brexit deal.

The Johnson Brexit Deal: What it means and what happens next

Seemingly against the odds and after a frantic period of negotiation over the past week, Boris Johnson has agreed a new Withdrawal Agreement with the EU, which was approved by the EU27 leaders at the EU Summit yesterday.  Here are three things you need to know.

The Brexit deal?

Yesterday's announcement from the EU offers a fresh chance of a Brexit deal, a withdrawal agreement and a transition period to the end of 2020. However, it remains to be seen whether Johnson has the numbers to get the deal through Parliament tomorrow.

The UK Government's proposal on the Backstop

The UK Government has today published its proposals for the replacement of the Northern Ireland backstop, the key sticking point in the negotiation of the Withdrawal Agreement providing for an orderly basis on which the UK can leave and negotiate a new future relationship with the EU.  It represents a material shift by the UK and, as the UK Government recognises, a departure from (or in the words of Boris Johnson in his letter to the EU Commission, "a different way" to) the EU's orthodox approach in terms of the enforcement of the rules of the single market and customs union.  As such, whether the proposal proves to be a fresh basis for negotiation depends on the ability of the EU27 to depart from their stated red lines in the negotiations.

The Supreme Court judgment on the suspension of Parliament

The Supreme Court has today made real the long-standing proposition that the Government has no prerogative but that granted by law, and therefore governed by law.  A full bench of justices found unanimously that the power to prorogue Parliament is limited in law by other, fundamental constitutional principles, including the constitutional function of Parliament both to legislate and to scrutinise the Government.  The Government cannot suspend Parliament, and thus frustrate its constitutional role, without lawful justification.  The evidence put forward by the Government provided no adequate justification for the prorogation (given the exceptionality of the circumstances and the length of the prorogation).  

Broader than Brexit: Strategic Intelligence Reports

Businesses around the world are grappling with the potential impact of socio-economic and political uncertainty. This climate of uncertainty will influence their operations and the commercial and investment opportunities open to them. It is Broader than Brexit.

No-deal planning - Guidance from Hogan Lovells

The risk of no-deal Brexit is still a live one. As the political wrangling continues in Parliament our advice remains: prepare for the worst, hope for the best.

Derogation procedures in the light of Brexit

With the anticipated departure of the United Kingdom from the EU, medical device manufacturers are exploring whether it will be possible to continue to export devices that mention a UK notified body or UK authorised representative on their label to the other EU Member States after 31 October 2019 (the scheduled date for Brexit).

The latest view: Enforcement of judgments post-Brexit in the event of a No Deal Scenario

EU Member States currently have an effective regime whereby a judgment creditor in one Member State can enforce a judgment in another Member State pursuant to Regulation (EU) No. 1215/2012 (the "Recast Brussels Regulation"). The regime under the Recast Brussels Regulation represents arguably the most comprehensive and sophisticated multilateral system of civil judicial co-operation in the world.

Snapshot of key trade law considerations arising out of Brexit

Political developments with respect to Brexit have been evolving swiftly in the past few weeks. Our International Trade team takes a look at some of the key issues if the UK leaves the EU without a deal, including the impact on customs, FTAs, export controls and sanctions plus the plan for Northern Ireland.

Brexit: Where next?

29 March Brexit is no more.  The UK Government and EU have agreed an extension to the Article 50 period until 12 April, with a further extension until 22 May if the Withdrawal Agreement is approved by the UK Parliament next week.  Our updated flowchart provides more details on the possible path ahead.