Major Brexit report for lawyers

The 103-page report, ‘Continental shift: navigating the Brexit transition’, includes insights and guidance on the impact on key practice areas such as data protection, corporate, commercial law, employment and intellectual property. The guide highlights useful information, materials and commentary for further reading throughout.

Key topics include the implementation of the Withdrawal Agreement, negotiation of the future UK-EU relationship, domestic policy and legislation, and preparation for the legal landscape beyond Brexit.

The transition period was considered ‘ambitious’ from the outset, and has been hampered further by the COVID-19 crisis, the report notes. The 1 July deadline for extending transition with the EU has passed. Any remaining procedures or policies for extending are ‘uncertain and open to debate’, it concludes. The report considers six potential legal routes for extension―all problematic. For example, some EU lawyers have suggested using Art 50 as a legal basis, although others argue this route was closed on Brexit day, 31 January 2020.

Nevertheless, the report quotes Professor Catherine Barnard, senior fellow at The UK in a Changing Europe: ‘Never rule out the ingenuity of EU lawyers if forced to come up with some imaginative solution on getting round the problem come autumn.’

Meanwhile, lawyers need to advise clients on continuing their business supply chains within WTO rules, except where trade deals exist. In January, it is likely the UK will have ‘third country’ status, incurring EU tariffs on goods and without access to the single market for goods and services, regulatory approval and recognition.

Priority targets for deals include the US, Japan, Australia, New Zealand, Norway, Iceland and Lichtenstein. The UK is considering accession to the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, which includes some South American and Asian countries and Australia.

The report can be requested at: https://bit.ly/3gIuMJU.