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03 July 2019 / Lucy Pert , Adam Jacobs
Issue: 7845 / Categories: Features , Commercial , Brexit
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Brexit strategy

Need to Brexit a contract? Lucy Pert & Adam Jacobs provide a plan

  • The unique challenges posed by Brexit may leave parties with little choice but to litigate.
  • Since the 2016 referendum it has become increasingly common for parties to insert so-called ‘Brexit clauses’ into their contracts.

Brexit and particularly a ‘no-deal Brexit’, whereby the UK withdraws from the EU with no agreements in place regulating their future relationship, will affect many aspects of commercial life in Britain. In some circumstances, parties may well find that Brexit has impacted them in such a way that they are no longer able to perform their contractual obligations or that performance has become unduly onerous.

The legal mechanisms available under English law to parties who wish to discharge contractual rights without breach include material adverse change clauses, force majeure clauses and the doctrine of frustration. Although they operate in different ways, each is concerned with regulating the effects of unfavourable events on contractual performance.

Since the referendum in June 2016, some parties have also included Brexit-specific clauses

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MOVERS & SHAKERS

Signature Litigation—Catherine Naylor

Signature Litigation—Catherine Naylor

International fraud and asset recovery offering boosted by partner hire

Stevens & Bolton—Alexa Payet

Stevens & Bolton—Alexa Payet

Private wealth disputes team adds contentious probate specialist

Morgan Lewis—Paul Feldberg

Morgan Lewis—Paul Feldberg

Firm strengthens investigations and sanctions capabilities with London partner hire

NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
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