Brexit Continuity Clauses: what policyholders need to know

We have assisted Airmic to produce a guide for policyholders on Continuity Clauses, which some in the insurance market are using to prepare for the impact of Brexit.

The clauses aim to provide a level of contract continuity in the event that the UK leaves the EU without suitable transitional arrangements being put in place or without an agreement allowing UK insurers to perform cross-border business into the EEA. Continue reading

Brexit “no deal” technical notices published on Patents, Trade marks, Designs, Copyright, GIs, and Exhaustion of rights

The post below was first published on our Intellectual Property blog

The latest tranche of “no deal” technical notices was released yesterday afternoon by the UK Government. Amongst them are several notices that highlight the Brexit issues faced by intellectual property right owners and, in some cases, confirm the Government’s approach to resolving them. The Government also released this news story today which comments on the guidance given in the technical notices and comments on the Government’s longer term aims for IP protection. Continue reading

Brexit “no deal” notice on jurisdiction and enforcement of judgments

The post below was first published on our Litigation blog

As part of its second batch of “no deal” technical notices, the government has published on 14 September 2018 a guidance notice entitled: Handling civil legal cases that involve EU countries if there’s no Brexit deal.

The notice contains little that was not already obvious. If no deal is agreed, there would be no agreed EU framework for ongoing civil judicial cooperation between the UK and EU countries. The UK would retain the Rome I and Rome II rules on applicable law, which generally do not require reciprocity to operate, but the rules governing jurisdiction and enforcement of judgments between EU member states (under the Recast Brussels Regulation 1215/2012) would no longer apply to the UK. Nor would the Lugano Convention, which currently governs jurisdiction and enforcement between the UK and Iceland, Norway and Switzerland – though, as the notice says, this would not prevent the UK applying to re-join the Lugano Convention in its own right at a later date (and the government has previously indicated that it would seek to do just that).

For rules in these areas, the UK would revert to the existing domestic common law and statutory rules, which currently apply in cross border cases concerning the rest of the world. The guidance adds, not very helpfully: Continue reading

SECOND BATCH OF UK GOVERNMENT’S BREXIT ‘NO DEAL’ TECHNICAL NOTICES RELEASED

Today, the UK Government released the second of three batches of technical notices about the impact of a “no deal” scenario at the end of March 2019. These are available here. This second batch is of 28 and includes notices on civil judicial cooperation, broadcasting rights, data protection, telecoms and oil and gas.

As explained in our blog post on the first batch of technical notices (see here), the UK’s notes contain information on what the UK Government plans to do, unilaterally, to assist affected businesses and individuals through temporary waivers and derogations. For example, in this latest release: Continue reading

The View From Brussels – September 2018: the relevance of WTO arguments in the negotiations on the future relationship

This issue of ‘The View from Brussels’ focuses on the relevance of WTO arguments in the negotiations. The UK has so far not deployed any serious arguments based on the obligations and constraints faced by the EU as a member of the WTO, either through lack of familiarity with WTO rules or fear that making WTO arguments would breach the obligation of sincere cooperation or otherwise poison the negotiations and reduce goodwill. Recent developments in the negotiations however have shown that the EU has no such compunctions and does know how to exploit WTO arguments in the negotiations.

This briefing takes a closer look at the relevance of WTO arguments in the negotiations on the future relationship.

Click here to read more

New Podcast – English Governing Law and Jurisdiction Clauses after Brexit

On the new Herbert Smith Freehills Podcast channel, Anna Pertoldi, Maura McIntosh and Tom Henderson discuss what businesses need to know about the impact of Brexit on their continued use of English governing law clauses and English jurisdiction clauses in their contracts after Brexit. As businesses will be entering into new contracts which remain in force after Brexit, looking at the effectiveness of these clauses in the future will be an important part of any new contract negotiation.

Our podcast is available on iTunes and SoundCloud and can be accessed on all devices. You can subscribe and be notified of all future episodes.

Anna Pertoldi
Anna Pertoldi
Partner
+44 20 7466 2399
Maura McIntosh
Maura McIntosh
Professional Support Consultant
+44 20 7466 2608
Tom Henderson
Tom Henderson
Senior Associate
+442074662898