Brexit under the Withdrawal Agreement: The implications for disputes

It now seems inevitable that the UK will leave the EU on 31 January 2020 at 11pm GMT under the terms of the Withdrawal Agreement concluded between the UK and the EU on 19 October 2019. In this post, we consider the implications for commercial litigation involving the English courts, both during the transition period … Read more

A no-deal Brexit: The implications for disputes

As we approach the deadline of 31 October, it is difficult to predict what will happen. But the prospect of a no-deal Brexit – either then or at some later date – remains a very real possibility. In this blog post we consider the implications of such an outcome for commercial litigation involving the English … Read more

Upcoming webinar – Cross Border Litigation Update

On Wednesday 27 February 2019 (1.00 – 2.00pm GMT), Anna Pertoldi and Gary Milner-Moore will deliver the latest in our series of webinars for Herbert Smith Freehills clients and contacts spotlighting legal and practical issues relevant to litigating cross-border disputes. This webinar will examine a range of recent developments affecting cross-border litigation, including: The latest on Brexit’s likely impact on … Read more

Article published – No-deal Brexit and disputes: what do parties need to know?

If the UK leaves the EU without a deal on 29 March, what impact will that have on court proceedings? Different questions arise depending on the stage reached in the disputes process. Anna Pertoldi has published a post on Practical Law’s Dispute Resolution blog which considers what a no-deal Brexit would mean for disputes and what … Read more

Brexit, deal or no deal: a litigator’s perspective

Over the past couple of weeks, the government has published the final text of the draft Withdrawal Agreement setting out the arrangements for the UK’s withdrawal from the EU on 29 March 2019 and the draft Political Declaration on the future relationship between the EU and the UK. This is therefore a good opportunity to consider the impact of … Read more

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

As part of its second batch of “no deal” technical notices, the government has today published 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 … 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 … Read more