ENGLISH LAW CONTRACTS POST-BREXIT: WHAT CHANGES SHOULD COMMERCIAL PARTIES EXPECT?

The post below was first published on our Litigation blog

The core principles of English contract law, such as interpretation of contracts and remedies for breach, will not be affected by Brexit and the key attractions of English law will remain.

Brexit may, however, have implications for particular aspects of parties’ contractual relationships, including how certain terms may be interpreted and whether any termination rights may be triggered, and on questions relating to jurisdiction and enforcement of judgments. Continue reading

HAGUE CONVENTION ON CHOICE OF COURT AGREEMENTS WILL APPLY TO SINGAPORE FROM 1 OCTOBER 2016

The post below was first published on our Litigation blog

The Convention aims to increase the effectiveness of jurisdiction clauses and make judgments obtained under those clauses easier to enforce. Currently the Convention applies only as between Mexico and the EU member states (other than Denmark), so the addition of Singapore from 1 October is significant. The US and Ukraine have also signed the Convention but have yet to ratify it. Continue reading

COUNSEL’S OPINION SOUGHT BY UK IP GROUPS IN RELATION TO THE UPC AND BREXIT

Counsel’s Opinion sought by UK IP groups on the possibilities for the UK to continue to participate in the unitary patent and Unified Patent Court post Brexit now released

Shortly after the Brexit referendum, the Intellectual Property Lawyers Association (IPLA), of which we are a member, along with other IP representative groups, jointly requested an Opinion from counsel Richard Gordon QC and Tom Pascoe of Brick Court Chambers on specific questions concerning the impact of Brexit on the UK’s participation in the UPC.  This Opinion has now been made public – see here

In summary, counsel’s opinion on the questions asked of them was the following:

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Implications for the insurance sector

The House of Commons Treasury Select Committee (TSC) has launched an inquiry into EU regulation of insurance.  The inquiry will allow the TSC to look at the case for retaining, losing or adapting Solvency II in a post-Brexit world.  Its Chairman, Andrew Tyrie MP, has commented that Brexit provides an opportunity for the UK to "assume greater control of insurance regulation".

This inquiry will give firms and industry bodies perhaps their best opportunity to influence the future content of UK insurance regulation. We expect the industry will want to devote considerable effort to providing a full response to questions set out in the Terms of Reference for the inquiry (ToR). The possible endorsement by the TSC of views expressed by industry is likely to be particularly persuasive in future deliberations by the PRA.

Whilst there remains considerable uncertainty surrounding the UK's future relationship with the EEA, our latest "at a glance" guide identifies, in two pages, some of the key issues insurers may want to ensure are on the negotiating team's agenda.  Many of the same issues are raised by the ToR.

In earlier briefings, we have considered the need for businesses to prepare for the UK's exit from the EU and the position for UK insurers accessing the EEA and EEA insurers accessing the UK.  Please see: 

In a further "at a glance" guide, we highlight some key issues raised by the UK's withdrawal from the EU for insurance intermediaries.

If you would like to speak to us about any of the legal and regulatory issues raised by Brexit, please contact a member of our team.

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THE TRADE SECRETS DIRECTIVE – CONSISTENCY OF APPROACH REQUIRED, WITH OR WITHOUT BREXIT

The post below was first published on our Intellectual Property blog

In her Editorial for the Journal of Intellectual Property Law and Practice, Rachel Montagnon (our IP professional support consultant) discusses the changes introduced by the  Trade Secrets Directive (Directive (EU) 2016/943) from a UK perspective, evaluating the potential effects of Brexit on its implementation and arguing in favour of a consistent approach to its interpretation and application, to provide pan-European businesses with a stable and solid framework for the protection of trade secrets.

Author

Rachel Montagnon
Rachel Montagnon
Professional Support, Consultant, London
+44 20 7466 2217