Hogan Lovells Brexit

A deep dive into the impact of Brexit on disputes.

The day after the budget, the first from this government, our Public Law & Policy team highlighted some of the takeaways for post-Brexit Britain, business and transactions.  Our Litigation colleagues take a more in-depth view of Brexit's impact on disputes, including governing law, enforcement of judgments, and a practical approach to drafting disputes clauses.

Could big changes be on the way in UK domestic policy and could the UK's new relationship with the EU and the rest of the world see the emergence of a "high-tech heaven" in the UK? Speakers from Hogan Lovells and Craig Melson, programme manager for techUK, discussed the latest news on Brexit and the UK's negotiations with the EU and the prospects of global trade deals (including with the United States and Japan) as well as the UK government's domestic policy agenda. We looked at the implications for high-tech sectors (including fintech, digital health, and autotech) from the perspective of tech investors and deals in the tech sector.

With the timetable to the end of the transition period triggered and time running down to December, we help your business work out its priorities and how to work in a climate of continued global uncertainty. What is the timeline to work to and how do we prioritise? How will this impact our investments and supply chains related to the United Kingdom? Will we still meet all our regulatory requirements in the UK and EU? What does this mean for dispute resolution?

In this section Robert Gardener, Bob Kyle and Charles Brasted discuss some of the issues facing businesses and how they can get involved with the negotiation process.

In this webinar we helped participants consider the following actions for their business: What can we expect from the United Kingdom and the European Union in negotiating a trade deal? What can we do, what can't we do, and how do we do it? Are there key issues for my sector?

This webinar focused on answering questions about the status of Brexit and what happens next: What happens on 31 January and on 31 December 2020? Can we still have a hard Brexit? How does the government's domestic agenda impact my business? What does this mean for my current transactions and contracts?

In this episode we are joined by Susan Bright (Competition Partner, London), Aline Doussin (International Trade Partner, London) and Lourdes Catrain (International Trade Partner, Brussels) to talk about the interpretation of a "national security" notion under World Trade Organisation rules. What does the term "trade war" mean as a point of international trade? Why have the rules governing when security interests prevail over trade interests – and when they do not – recently come into focus for members of the WTO? What's the single biggest risk resulting from deploying a national security justification in the field of trade? What does this mean for future trade relations between the US, the EU and the UK?

In this episode we are joined by Robert Gardener (Government Relations Director, London), Charles Brasted (Public Law and Policy Partner, London) and Bob Kyle (Global Regulatory Partner, Washington) to talk about the role of business in policy formation: Do the developments in UK / EU relations necessitate greater private sector input? How does private sector and public sector interaction work in the US? What are the opportunities for our clients to engage in those conversations now in the UK?  Why should they be engaging?

Head of International Trade in the UK, Aline Doussin, takes a look at what a Customs Union is and what the EU Customs Union is, as negotiations in how the UK leaves the EU rumble on. Aline covers: Examples of different Customs Unions around the world What makes the EU Customs Union unique The 3 major features of the EU Customs Union EU Customs Unions with other states, e.g. Turkey

With the EU Council announcement of another Brexit extension until 31st October, what does this mean in reality? We look at key dates to now have in mind and how this impacts your Brexit preparedness. What does this mean for the possible Brexit outcomes?  Is no deal now off the table for good? Can the UK and the EU keep delaying indefinitely?  Could we all be back in this position again in October? What about a second referendum or a general election or even a revocation of Article 50? Public Law Associate, Andrew Eaton, provides a short update on the new Brexit position.

London Real Estate Associate Ben Willis discusses the key practical points you need to know about Brexit and contractual termination and force majeure provisions following the High Court's judgment in the closely watched case of Canary Wharf (BP4) T1 Limited and others v European Medicines Agency, which found that the European Medicines Agency remains bound by the terms of its lease of its London offices, notwithstanding Brexit.

With just weeks to go until Brexit, a deal remains elusive. Despite moves in the UK Parliament to avoid a no-deal Brexit, that remains the default outcome unless a deal or an extension is agreed with the EU and approved by Parliament. The UK Government has published a report on no-deal preparedness, which highlights serious concerns about lack of preparation by businesses. It is more critical than ever for businesses to be doing what they can to mitigate the impact of a no-deal exit, and many clients are now stepping up planning and execution of these measures. The report also acknowledges that the Government's own preparations are behind schedule, with a substantial proportion of critical measures not yet completed.    Against that background, our podcast covers what preparations the EU27 Governments are making for a no-deal scenario and how industry is reacting.  We also highlighted the key practical points you need to know about Brexit and contractual termination and force majeure provisions following the High Court's judgment in the closely watched case of Canary Wharf (BP4) T1 Limited and others v European Medicines Agency, which found that the European Medicines Agency remains bound by the terms of its lease of its London offices, notwithstanding Brexit.

The last week of January 2019 was a big week for Brexit. During our webinar we took stock and examined what the week's developments would mean for the process and for your business. We focused in on the mechanics of what happens next and the practical measures which can help your business adapt to the known unknowns ahead.

This episode was first recorded as a webinar on 12 December 2018. The House of Commons' "meaningful vote" on the Brexit deal has been delayed, Theresa May returned to Brussels to seek further assurance on the Northern Ireland Backstop and is now facing a confidence vote from her party. This makes the Brexit situation more uncertain than ever. This podcast unpicks the latest developments and explains what could happen next. The only thing we know for certain is that, unless something changes, there will be a "no deal" Brexit on 29 March 2019. A potentially very challenging outcome for businesses. We explore what needs to happen to avoid that, the process for Theresa May's deal to be secured and, alternatively, the rocky paths to a possible “no Brexit” or a new deal. Listen in to hear more on the various possibilities and the legal mechanisms to execute them, to help you weigh up what it could mean for your business.

This episode was first recorded as part of a webinar on 12 December 2018. Hogan Lovells Trade Partner, Aline Doussin, gets you up to speed on the Northern Ireland backstop within the Brexit deal, what it means and the practicalities of how it could work. This short podcast should help you and your business get to grips with a subject causing some uncertainty in the market.  

This episode was first recorded as part of a webinar on 12 December 2018. Hogan Lovells Data Privacy Partner highlights some of the main data issues to consider whether we are faced with a Brexit deal or a "no deal" scenario. In just 5 minutes he takes you through the top line issues to be considering in relation to international data transfers and the role of the UK Information Commissioner.

This episode was first recorded as a webinar on 2 July 2018. The next few days may or may not be a turning point for Brexit negotiations. But whilst a "no deal" scenario is still on the cards, it is more critical than ever for businesses to be taking stock of Brexit's potential impact and preparing for the possibility that no deal is struck by the time the UK leaves the EU on 29 March. 

This episode was first recorded as a webinar on 2 July 2018. We take stock of the UK Government's efforts to define the post-Brexit world - domestically and internationally - before everyone heads for their summer holiday.  The EU Withdrawal Bill, which has passed its last parliamentary hurdles, will be one of the most significant pieces of legislation in a generation. Transposing around 19,000 pieces of EU legislation into UK law, it will become a touchstone of the UK's legal system. The UK Government plans to make retained EU laws fit for a post-Brexit UK using around 1,000 statutory instruments to tweak the rules as they move onto the UK statute books. What will this 'storm' of secondary legislation mean for businesses? How can you prepare and protect yourself? The Brexit White Paper, expected after the 28-29 June EU Summit, is billed as the most comprehensive statement of UK Brexit policy since the referendum with detailed and precise explanations of the approach in a range of areas. What should you look out for? What's missing? 9 months to go with no prospect of a UK/EU deal being agreed before the EU Summit in October. It is not surprising that there is increasing focus on the risks of a no deal Brexit. What could that mean? Is "Armageddon" a real possibility? What should businesses be doing in practice?

This episode was first broadcast as a webinar on 11 June 2018. With the talks on the UK's future trading relationship with the EU finally underway, please join us to where we'll examine Brexit from the perspective of international trade law. We start in Brussels with an analysis of the UK Government's trade proposals, asking, for example, what is the difference between the UK Government's proposed 'customs partnership' and 'max fac' solutions and how would they work in practice for economic operators? We then head to Geneva, where the UK and EU negotiations with other WTO members about their post-Brexit commitments have faced criticism from other WTO members. And, after that, Washington where we look at the prospect of a post-Brexit US/UK trade agreement and consider what type of deal we might expect there. Finally, we talk you through some real-life scenarios and how changes in UK trade policy may affect businesses in different sectors at home and abroad.

This episode was first broadcast as a webinar on 16 April 2017. With less than a year until the EU and the UK legally part ways, there are still a lot of conversations to be had, decisions to be made and work to be done. We discuss what should be on your agenda for the coming months as we take stock of the year ahead and look at what areas you should be considering to ensure your business is ready for the changes to come. The focuses for this webinar were contract continuity and data.

On this episode, Charles Brasted, head of our public law and policy team, our Director of Government Relations Robert Gardener and Pete Bowyer, partner at DRD Partnership, discuss how businesses can engage effectively with government on issues like Brexit.

This episode was first broadcast as a webinar on 10 July 2017. As the negotiations got underway, we hosted a trade focused discussion to demystify the jargon of the negotiations. We considered: Britain's post-Brexit trade policy (including its role in the WTO) The application of EU trade policy to a post-Brexit Britain The possible shape of the UK-US trade relations The WTO General Agreement on Trade in Services (GATS) The webinar recording is available here: http://bit.ly/2n521fN

This episode was first broadcast as a webinar on 28 June 2017. In this episode, we discuss the domestic legislative task ahead for the UK to implement Brexit; the complex interaction with the on-going negotiations; and the crucial role that business and law needs to play in supporting, and scrutinising, that work.  The webinar recording is available here: http://bit.ly/2mnjVKj  

This episode was first broadcast as a webinar on 1 June 2017. In this episode, members of our Brexit Taskforce will answer the following key questions: What are the main scenarios for the Brexit process? What are the practical implications for business planning? What should your business focus on now and what can wait until later? How can you make the most of the opportunities that the process might provide to you? This episode was first broadcast as a webinar on 1 June 2017. The webinar recording is available here: http://bit.ly/2CFaAVe  

This episode was first broadcast as a webinar on 3 April 2017. The Life Sciences lawyers Charles Brasted, Elisabethann Wright, Fabien Roy, Helen Kimberley and Sahira Khwaja will discuss: What is the likely process from the serving of the Article 50 notice to the UK leaving the EU? What effect might Brexit have for existing and future marketing authorisations for medicinal products? How might medical device manufacturers be affected? How does the decision affect commercial contracts? What are the questions you should consider from an IP perspective? Is there anything you should do immediately? How can your businesses influence what happens next? This episode was first broadcast as a webinar on 3 April 2017. The webinar recording is available here: http://bit.ly/2CdePdR

This episode was first broadcast as a webinar on 30 March 2017. The UK has two years to negotiate and reach an exit deal, unless all EU Member states unanimously agree to extend this deadline. Many insurance companies will need to start thinking about the implementation of their plans. They also need to consider what the legal and regulatory landscape will look like after Brexit.   During this episode, members of our global insurance sector team will consider: The timetable and alternatives for restructuring The importance of equivalence The EU/US Covered Agreement UK restructuring regime outside the EU Impact of Brexit on sanctions law The General Data Protection Regulation Impact of Brexit on competition law This episode was first broadcast as a webinar on 30 March 2017. The webinar recording is available here: http://bit.ly/2BjnriC  

This episode was first broadcast as a webinar on 30 March 2017. The UK is about to embark on a journey not previously taken by any other EU Member State.  The process for withdrawing from the EU is untested and there is much uncertainty about how it will run.  The UK now has two years to negotiate and reach an exit deal, unless all EU Member States unanimously agree to extend this deadline. During this episode, members of our Brexit Taskforce will consider: What next for the UK and the EU? What are the key issues for negotiation - and will they be up for negotiation? What should your business be doing now?  This webinar took place: 30 March 2017. The webinar recording is available here: http://bit.ly/2ARBn0w

As the negotiations continue, a consensus is emerging that more time is needed. The negotiations are progressing slowly, a future trade agreement is yet to be discussed, and the Withdrawal Bill has been delayed. Calls are growing for "transitional arrangements" to avoid a cliff edge and to provide certainty for business. But beyond knowing that one is desirable, does anyone know what a transition would or even could look like in practice? What are the options, how feasible are they legally and how difficult could they be to negotiate politically and in the time available? Another issue that remains out there is the possible revocation of the UK's Article 50 notice. It would certainly be a challenge to get this done politically, but is it even legally possible? This webinar took place: 10 November, 13:00 pm GMT. We demystified the options, and discussed what they mean for your business planning. The webinar recording is available here: http://bit.ly/2zj9tZJ