Brexit will affect a number of different areas of UK businesses. We offer a wide range of legal advice, including the following areas of expertise:
For more information regarding the most important areas of law that will change, please see below.
Both businesses based in the UK and in the EU will have to adapt. For example, an LLP or LTD registered in Germany but established under UK law will – depending on a possible – no longer be recognized as a legal entity in the EU. Instead, it may be advisable for UK entities to set up a subsidiary or even a company under German law in order to prevent difficult situations such as the on described above.
As it is still unclear whether EU law will continue to apply in the UK after Brexit, contracts will have to be addapted to this situation. EU law favors consumers where as the same protection may not be guaranteed in the UK. Also, depending on where UK businesses pursue commercial activity, special legal requirements may have to be taken into account.
Which court is competent for cross border disputes? Currently, the international jurisdiction is regulated by an EU directive. However, it is unclear how this will be determined after Brexit. It may therefore be advisable to pursue claims and initiate legal action in cross border disputes before the end of the year to avoid any uncertainties in terms of international jurisdiction of EU and UK courts.
Not just international jurisdiction but also conflict of laws is uniformly regulated within the EU. Conflict of laws describes an area of private law dealing the question of applicable law in relation to a cross border case. To avoid uncertainties it may be advisable to include a choice of law clause in contracts.
Real Estate and Property law is determined by the law where the property is located. Therefore, after leaving the EU businesses may have to keep in mind that legal provisions will differ depending on whether real estate and property are located in the UK or EU territory.
Tax law is dominated by EU law and therefore businesses will have to be aware that changes will become necessary. Businesses operating in the UK and EU will require legal advice in order to be in line with EU law regarding e.g. value added tax, income tax or corporation tax.