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Brexit strategy

03 July 2019 / Lucy Pert , Adam Jacobs
Issue: 7845 / Categories: Features , Commercial , Brexit
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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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NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
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