Dechert litigators win some of the largest and most complex domestic and multijurisdictional disputes in the world. Our global litigation practice is comprised of more than 350 lawyers across 21 offices in the United States, Europe, Asia and the Middle East, combining the knowledge and expertise of former law clerks and government officials, top litigators from top-ranked firms and amazing homegrown talent.
Imminent Brexit Issues to Consider
Jurisdiction, choice of law and enforcement: Under the draft Withdrawal Agreement, the existing EU framework regarding jurisdiction and enforcement (e.g. the Recast Brussels Regulation) will apply to legal proceedings instituted before the end of the transition period. Post-Brexit or a transition period, there will need to be a new UK framework.
Law enforcement: Brexit may lead to changes to international cooperation mechanisms between law enforcement agencies and courts in the UK and other EU countries. This will impact on coordination of multi-national investigations.
Brexit as a catalyst for litigation: Brexit could be (or result in) a force majeure event, an event of default or a similar trigger under contracts. Contractual counterparties “redomiciling” or novating may give rise to termination events and, at a minimum, contracts will need to be reviewed to consider enforcement/governing law issues.
Challenging legislation: The English Administrative Court has been seen as a friendly forum for challenging EU legislation and government/regulatory decisions (with the option to apply or appeal to the Court of Justice of the EU). Post-Brexit this avenue for challenging legislation/decisions will fall away.
Product liability: Companies have often chosen the UK authorities when reporting product defect issues in the EU, as the response from the UK authorities is considered calm and measured. Going forward, where there is a product issue that impacts EU Members States and the UK, it may no longer be possible to report to a single authority (i.e. will need to report to authorities in the UK AND one in an EU Member State).
Brexit Manoeuvres: Another Cliff-edge Avoided, But More Ahead