The UK government's Article 50 notice under The Treaty on European Union will now result in Brexit taking effect on 31 October 2019 unless a further extension of the Article 50 notice period is agreed with the EU. Brexit would also take effect sooner if the Withdrawal Agreement were approved by the UK Parliament. The UK will have to hold European Parliament elections if the Withdrawal Agreement is not approved before 23rd May.

The UK/EU Withdrawal Agreement has been rejected by Parliament in three separate "meaningful votes" of the House of Commons. If it is not adopted there will now be no transitional arrangement to the end of 2020 for the continued application of EU law in and to the UK. Some of the immediate challenges for businesses will arise from the impact of Brexit on the free movement of goods, services and workers and a number of areas covered by the single market, including the protection of IP rights. Forward planning therefore continues to be necessary.

Our Brexit resources include over 30 practice group and sector briefings, practical tools for businesses and various videos. These can be accessed via the links below. We have a team of contacts who can discuss the subject directly with you and offer further guidance. If this would be helpful, please do get in touch with one of our team.

Events

Brexit: Legal Process & Future UK/EU Relationship

Brexit briefings - Guiding you through the Brexit legal landscape

Aviation commercial Product compliance and liability Tech and Comms Corporate Employment Public Procurement Life sciences Energy Dispute Resolution Tax Financial Services Competition IP Franchising Automotive Privacy and data protection Media Brexit and US Businesses Legal process and future uk eu relationship trade Asian brands in the EU

Videos


 

Brexit update - 19 March 2019

Partners Sally Shorthose and Richard Eccles provide an update on the recent political developments and the likelihood of a no-deal Brexit.

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How to prepare for a no-deal Brexit: supply chains and commercial contracts (March 2019)

In the first of this series of short videos, partners Sally Shorthose and Richard Eccles provide guidance as to how businesses can manage key commercial issues in the event of a no-deal Brexit.

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How to prepare for a no-deal Brexit: IP and software distribution (March 2019) 

In the second of this series of short videos, partners Sally Shorthose and Richard Eccles provide guidance as to how businesses can manage key commercial issues in the event of a no-deal Brexit.

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How to prepare for a no-deal Brexit: employee issues and data protection (March 2019)

In the third of this series of short videos, partners Sally Shorthose and Richard Eccles provide guidance as to how businesses can manage key commercial issues in the event of a no-deal Brexit.

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How to prepare for a no-deal Brexit: Does Brexit equal frustration? (March 2019)

In the fourth of this series of short videos, associate Priyan Meewella gives a summary of the European Medical Agency's claim that Brexit constituted frustration and the implications for commercial contracts.

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How to prepare for a no-deal Brexit: trade & customs (March 2019)

In the fifth of this series of short videos, partner Richard Eccles gives an overview of the key steps businesses, which trade with EU27 countries, can take to manage and simplify their trading arrangements.

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EU Legislation Tracker

Bird & Bird's EU Legislation Tracker highlights Regulations and Directives scheduled to take effect or to be implemented by Member States in the period prior to the UK's departure from the EU. It does not provide an exhaustive survey. Instead, we have sought to summarise some of the key legislation, both draft and finalised, which we are tracking in the run up to Brexit and which are likely to be of interest to companies which do business in the UK and/or elsewhere in Europe.

The Tracker includes a short commentary on the substance of each of the measures identified, and a timeline for their known or likely effective dates (for Regulations) or implementation deadlines (for Directives). These are colour coded by reference to the likely date of Brexit. Click on the links below to access full details.

For the purposes of the Tracker, we have assumed that the UK will exit the EU two years from its service of the Article 50 notice (i.e. on 29th March 2019). However, a transitional period is expected to follow, until the end of 2020, during which the UK will be required to continue to align its laws with those of the EU Single Market and Customs Union. It is currently expected that the EU Withdrawal Bill will be enacted with effect from the exit date and that the resulting Act will retain all EU Regulations (and statutory instruments implementing EU Directives) in UK domestic law. However, the Act is also expected to enable amendments to such Regulations by statutory instruments during a two-years period, and this process will determine the final form, in UK domestic law, of such legislation now summarised in our Tracker.

Aviation Data Protection & Cybersecurity HR and Employment Banking & Financial Services Intellectual Property Media Tax

Commercial Drafting Checklist

Entering into new commercial agreements during periods of economic or political uncertainty can give rise to unique challenges. As the UK negotiates its exit from the EU, we have highlighted some Brexit related issues which parties may want to consider when contracting during this period. With contributions from lawyers in our IP, Dispute Resolution and Commercial groups, the tool flags a number of issues that have already been shown to be relevant. However, it isn't an exhaustive checklist and there may well be additional issues to consider depending on the precise nature of the agreement concerned and progress with the Brexit negotiations. As ever, we would advise parties to seek specific legal advice on the particular deal being entered into. 

View the checklist >

 
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