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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

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

Dorsey & Whitney—Mark Churchman

Dorsey & Whitney—Mark Churchman

Private equity specialist joins as partner in London

Haynes Boone—Philipp Kurek

Haynes Boone—Philipp Kurek

International arbitration practice bolstered by London partner hire

NEWS
The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
The Law Society has urged ministers to hold a public consultation on the use of artificial intelligence (AI) in the justice system as a whole
Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
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