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

✍ Scribed by Helen Tse

• Publisher: Bloomsbury Professional
• Year: 2017
• Tongue: English
• Leaves: 409
• Category: Library

✦ Synopsis

On 23 June, 2016 the UK voted to leave the European Union. Uncertainly has caused market volatility, illiquidity in property funds, fear amongst individuals and the OECD reported on 11 July, 2016 that the economic shock and disruption delivered by Brexit is on a par with the impact of devastating and unforeseen natural disasters. Doing Business After Brexit: A Practical Guide to the Legal Issues considers the legal issues arising out of Brexit and the immediate and future issues that businesses are likely to face and suggests steps on how to mitigate for any Brexit-related risk.

✦ Table of Contents

Preface
Contributors
Table of UK Legislation
Table of Cases
Part I Impact of Brexit
Introduction
Brexit Speech: Theresa May, Prime Minister of Great Britain, Lancaster House, 17 January 2017
Chapter 1 What is Brexit?
Introduction
1.1 A brief history of the UK’s relationship with the EU
1.2 2016 referendum
1.3 Review of the law and potential impacts of Brexit
1.4 Consequences of withdrawal for the United Kingdom
1.5 Consequences of withdrawal for the EU
1.6 Summary: key statistics
Chapter 2 Economic impact and manufacturing
Introduction
2.1 PMs speech – implications and EU responses
2.2 The UK–EU macroeconomic framework
2.3 Small and Medium-sized Enterprises (SMEs)
2.4 The case for UK manufacturing – a positive Brexit impact?
Chapter 3 A legal contingency plan for Brexit
Introduction
3.1 Brexit MOT
3.2 Checklist
Chapter 4 Tax (including VAT)
4.1 Brexit – the tax implications
4.2 EU law and ‘direct taxation’
4.3 The fundamental freedoms
4.4 Brexit and ‘direct taxation’
4.5 Directives
4.6 VAT
4.7 What was old is … new again?
4.8 European principles
4.9 European Court of Justice
4.10 Opportunities
Chapter 5 Financial services
Introduction
5.1 Imagine the UK without the financial services sector
5.2 London – the leading global financial centre
5.3 Market access
5.4 Norwegian and Swiss models
5.5 Negotiating equivalence
5.6 Regulation and influence
5.7 Doing business with financial services providers
5.8 Something we do know: change is coming, preparation is key
Chapter 6 Commercial contracts
Introduction
6.1 Consumer Rights Act 2015
6.2 Contracts governed by ‘English law’
6.3 Terms and conditions
6.4 References to the EU in the contract
6.5 Will EU law remain 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
6.12 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
6.18 What is ‘Brexit’?
6.19 Schedule of suggested templates
Chapter 7 Construction
Introduction
7.1 The market abroad
7.2 The rules governing the UK construction market
7.3 Sourcing the product
7.4 Conclusions
Chapter 8 Immigration
Introduction
8.1 The principle of freedom of movement
8.2 EU nationals already living and working in the UK
8.3 Future arrivals – how will the UK regulate entry and residence?
8.4 A softer Brexit?
8.5 The Irish question
8.6 Brits abroad – reciprocal restrictions for UK nationals
Chapter 9 Commercial disputes
Introduction
9.1 How commercial disputes are resolved
9.2 Will commercial disputes increase?
9.3 How will commercial disputes arise?
9.4 Checklist for businesses
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 Art 50 of the Treaty on European Union
10.10 Consequences of withdrawal
10.11 The unitary patent and the Unified Patent Court
10.12 Conclusion
Chapter 11 Technology
Introduction
11.1 Advertising law
11.2 Intellectual property in content and branding
11.3 E-Commerce Regulations
11.4 Data protection and Privacy Regulation
11.5 Conclusion
Chapter 12 Employment
Introduction
12.1 The current status of UK employment law
12.2 What will happen to employment law after Brexit?
12.3 Preparing your business for Brexit
12.4 Conclusion
Chapter 13 Insolvency
Introduction
13.1 Corporate insolvency and restructurings
13.2 Brexit effect
13.3 Schemes of arrangement
13.4 Credit institutions
13.5 Recovery and resolution measures under The Bank Recovery and Resolution Directive (2014/59/EU) (the ‘BRRD’)
13.6 Conclusion
Part II Thought Leadership by Inspirational Leaders
Appendix 1 Prime Minister’s Commons statement on triggering Article 50
Appendix 2 The Prime Minister’s letter to the President of the European Council
Appendix 3 Extract from the Brexit Papers from the Bar Council Brexit Working Group
Index