Doing Business After Brexit: A Practical Guide to the Legal Changes

✍ Scribed by Helen Wong

• Publisher: Bloomsbury Professional
• Year: 2022
• Tongue: English
• Leaves: 435
• Category: Library

✦ Synopsis

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✦ Table of Contents

Dedication
Acknowlegements
Preface
Contributors
Table of Statutes
Table of Statutory Instruments
Table of Cases
Part 1 Potential Impact of Brexit
Introduction
Prime Minister’s Statement On Eu Negotiations: 24 December
Chapter 1 Overview of UK Law Following The Post-Brexit Transition Period
Introduction
1.1 UK Law Immediately After The End Of The Transition Period
1.2 Citizens’ Rights Following Brexit
1.3 CJEU Jurisdiction
1.4 Retained EU Law
1.5 Implementing the UK-EU Relationship
1.6 International Agreements
1.7 UK-EU Trade and Co-Operation Agreement
Chapter 2 The Impact of the EU-UK Free Trade Agreement on the UK Economy
Introduction
2.1 The EU-UK Free Trade Agreement
2.1.1 Comparison with Other EU Trade Agreements
2.2 Professional and Business Services and Financial Services
2.2.1 The EU’s Mutual Recognition Framework
2.3 Wider Economic Implications
2.4 Constitutional Impacts – The Cases of Scotland and Northern Ireland
2.5 Conclusions
Chapter 3 A Legal Contingency Plan for Brexit
Introduction
3.1 Brexit Mot
3.2 Checklist
Chapter 4 Tax
Introduction
4.1 Customs and Excise Duties
4.2 Vat
4.3 Direct Taxes And SDLT
4.4 Collection of Taxes
4.5 National Insurance
Chapter 5 The Legal Impact of Brexit on the UK-Based Financial Services Sector
Chapter 6 Commercial Contracts
6.1 Consumer Rights Act 2015
6.1.1 Other Consumer Law
6.2 Contracts Governed by ‘English Law’
6.3 Terms and Conditions
6.4 References to the EU in the Contract
6.5 Does EU Law Still Apply in the Uk?
6.6 When should you Review Existing Contracts?
6.7 Which Contracts should be Reviewed?
6.8 What Issues should I be looking out for in a Contract?
6.9 What Constitutes the Agreement and its Terms?
6.10 How can I Terminate the Contract?
6.11 Tariffs and Trade Barriers
6.11.1 Trade with the EU
6.11.2 Trade with non-EU Countries
6.12 High Risk Contracts
6.13 Would Brexit Trigger a Force Majeure Clause?
6.14 Would Brexit Trigger a Material Adverse Change?
6.15 Post-Termination
6.16 Mobile Phone Roaming Charges
6.17 Brexit Clauses
6.17.1 What is a Brexit Clause?
6.17.2 Are Brexit Clauses Fundamentally Different from Other ‘Change’ Clauses (including Material Adverse Change Clauses)?
6.17.3 Why Use a Brexit Clause?
6.18 What is ‘Brexit’?
6.19 Schedule of Suggested Templates
6.19.1 Long Form Trigger, Renegotiation and Termination Clause
6.19.2 Short form trigger, renegotiation and termination clause
6.19.3 Letter to vary a contract
Chapter 7 Brexit and Construction
Introduction
7.1 The Market Abroad
7.2 The Rules Governing the UK Construction Market
7.3 Sourcing Labour and Materials
7.4 Conclusions
Chapter 8 Immigration
Introduction
8.1 The EU-UK Trade and Cooperation Agreement
8.2 Business Visitors
8.2.1 Tier 1 Investor Visa
8.2.2 Start-Up and Innovator Routes
8.2.3 The Problem with Endorsement
8.2.4 Representative of an Overseas Business
8.3 Sponsorship Under the Skilled Worker and Intra-Company Routes
8.3.1 Sponsor Licence
8.3.2 The Skilled Worker Route
8.3.3 The Intra-Company Routes
8.3.4 Sponsor Licence Compliance
8.4 Conclusions and Future Changes
Chapter 9 Commercial Disputes
Introduction
9.1 How Commercial Disputes are Resolved
9.1.1 The role of English law
9.1.2 English law – key attractions will not be diminished as a result of Brexit
9.1.3 Choice of English law – will still be respected by EU courts post-Brexit
9.1.4 Arbitration – no change: arbitration clauses and awards will still be respected post-Brexit
9.1.5 English judgments – will still be enforced by EU courts post-Brexit, but enforcement is subject to different rules
9.1.6 English jurisdiction clauses are likely to still be effective post-Brexit
9.1.7 Arbitration versus litigation post-Brexit
9.2 Will Commercial Disputes Increase?
9.3 How Will Commercial Disputes Arise?
9.3.1 Interpretation
9.3.2 Termination
9.3.3 Termination because of Brexit – may be possible in some circumstances but difficult
9.3.4 Express termination provisions in the contract
9.3.5 Termination for breach where there are no express terms
9.3.6 The risks of terminating where no good cause – repudiation
9.3.7 Negotiated deal?
9.4 Checklist for Businesses
9.4.1 New contracts
9.4.2 Existing contracts
Chapter 10 IP and Data Protection
Introduction
10.1 Intellectual Property
10.2 Data Protection
10.3 IP Policy
10.4 How IP Laws Work
10.5 IP Law in the UK Before 1973
10.6 Accession to the European Treaties
10.7 Changes to IP Law Since 1973
10.8 The Data Protection Directive
10.9 Article 50 of The Treaty on European Union
10.10 European Union (Withdrawal) Act 2018
10.11 EU Exit Statutory Instruments
10.12 The Withdrawal Agreement
10.13 European Union (Withdrawal Agreement) Act 2020
10.14 The Intellectual Property (Amendment Etc.) (EU Exit) Regulations 2020
10.15 EU Trade Marks
10.16 International Trade Marks Designating the EU
10.17 Registered Community Designs
10.18 Continuing Unregistered Community Designs
10.19 Supplementary Unregistered Designs
10.20 Databases
10.21 Plant Varieties
10.22 Geographical Indications
10.23 Supplementary Protection Certificates
10.24 Exhaustion of Rights
10.25 Changes not Necessitated by the Withdrawal Agreement
10.26 The Unitary Patent and The Unified Patent Court
10.27 Trade and Cooperation Agreement
10.28 The GDPR and Brexit
10.29 Judgments of The Court Of Justice After 31 Dec 2020
10.30 Lugano Convention
10.31 Conclusion
Chapter 11 Technology
Introduction
11.1 Advertising Law
11.2 Intellectual Property in Content and Branding
11.2.1 Copyright
11.2.2 Trade Marks
11.3 E-Commerce Regulations
11.4 Data Protection
11.5 Conclusion
Chapter 12 Employment issues post-Brexit
Introduction
12.1 The Evolution of UK Employment Law During the UK’s Membership Of The European Union
12.1.1 Employment legislation which derives from the EU
12.1.2 The influence of the European Court of Justice
12.2 The Effect of Brexit on UK Employment Law
12.2.1 Driver’s working time
12.2.2 European Convention on Human Rights
12.2.3 European Works Councils
12.2.4 Recognition of professional qualifications
12.2.5 Data protection
12.2.6 UK employment law unaffected by Brexit
12.2.7 End of freedom of movement and immigration
12.3 Developments in UK Employment Law Post Brexit
12.3.1 The Taylor Review
12.3.2 What changes might we see in future?
12.4 Conclusion
Chapter 13 Insolvency
Introduction
13.1 Global Restructuring Reforms
13.1.1 The New UK Restructuring Tools
13.1.2 Reforms in Europe and beyond
13.2 Corporate Insolvency And Restructurings
13.2.1 Before Brexit
13.2.2 The Brexit effect
13.3 Schemes of Arrangement and the Part 26a Plan
13.4 Credit Institutions
13.4.1 Before Brexit
13.4.2 The Brexit Effect
13.5 Recovery and Resolution Measures
13.5.1 Before Brexit
13.5.2 The Brexit Effect
13.6 Summary
13.6.1 Companies
13.6.2 Credit institutions
13.7 Conclusion
Chapter 14 Rules Of Origin Under The Trade And Co-Operation Agreement
Introduction
14.1 What are Rules of Origin?
14.2 Starting Point – Determine Applicable Tariff
14.2.1 Zero tariff goods
14.2.2 Common Transit Convention
14.3 Rules of Origin – Basic Principles
14.4 Wholly Obtained Products
14.5 Cumulation
14.5.1 Cumulation – an overview
14.5.2 Cumulation under the TCA
14.6 Insufficient Production
14.7 Goods Used in Production but not Forming Part of the Final Product
14.8 Product Specific Rules (Annex 3 Tca)
14.8.1 Overview of different types of PSR in TCA
14.8.2 Wholly obtained rule
14.8.3 Change in tariff classification rule
14.8.4 Value and weight rules
14.8.5 Rules on types of production or processes
14.8.6 Combination of rules
14.9 Rules on Tolerances
14.10 A Case Study: Marks And Spencer and Percy Pigs
14.11 Claiming Preferential Tariff Treatment and Declarations
14.11.1 Overview
14.11.2 Statement on origin
14.11.3 Importer’s knowledge
14.11.4 Supplier’s declaration
14.11.5 Small consignments
14.11.6 Verification
14.12 Duty Relief Schemes
14.13 Rules on Accounting Segregation
14.14 Record Keeping Requirements for a Statement on Origin
14.15 Conclusions – Rules for a New Economic Reality
Chapter 15 Importing Goods
Introduction: 2021 Update
15.1 Customs Declarations for Imports
15.2 People
15.3 Introduction our Approach to the Border
15.4 The Border with the EU
15.4.1 Overview
15.4.2 The Core Model
15.4.3 Additional Requirements
15.4.4 Border systems
15.4.5 Border infrastructure
15.5 Port Infrastructure Fund
15.6 Hauliers’ use and navigation of IBFs
15.7 Actions to Take
15.7.1 Apply for a GB EORI number
15.7.2 Apply for an EU EORI number
15.7.3 Get a Customs Intermediary
15.7.4 Apply for a Duty Deferment Account
15.7.5 Prepare to Pay or Account for VAT on Imported Goods individual businesses
15.7.6 Ensure drivers carry the correct travel documents
15.7.7 Additional Actions for Customs, VAT, and Excise
15.7.8 Consider Commercial Arrangements
15.8 Freeports
Chapter 16 What next?
16.1 International Data Partnerships
16.2 New Information Commissioner
16.3 The UK’s Future Data Protection Regime
Part II Thought Leadership by Inspirational Leaders
Index