Supporting You Through Brexit

• Published date: 21 December 2020
• Subject Matter: Government, Public Sector, International Law, Constitutional & Administrative Law, Government Contracts, Procurement & PPP, International Trade & Investment
• Law Firm: Walker Morris
• Author: Mr James Crayton and Andrew Northage

Introduction

The end of the Brexit transition period is fast approaching. There is still a significant amount of uncertainty for businesses, particularly as a UK-EU trade deal has not yet been reached. Whether or not a trade deal is agreed, businesses will face significant changes from 1 January 2021, which will result in a range of legal issues.

There are a range of steps businesses can take now to identify and minimise risks in the no-deal scenario. It is also possible that, whatever the level of preparation and planning within the business, some issues will appear and need to be rapidly dealt with if and when a no-deal exit takes place. Our experienced specialists are standing by now to assist with the planning work which can be undertaken in advance to prepare for no-deal, and will be on call to provide reactive advice to deal with emergent issues should they arise if no-deal trading becomes a reality in January.

Our inter-disciplinary team of experts draws on skills across the whole range of legal areas likely to be relevant - from contract and supply chain, to regulatory and compliance, through to IP, HR and data.

Supply chain

Inputs

To the extent third party goods are fed into the supply chain (for example packaging), do those contracts give the required flexibility? Is there capacity to stockpile if required? We can assist with audits of third party supply contracts to assess risks and determine what levers are available.

Are any of those goods sourced from the EU, or contain component parts sourced from the EU, and if so is that likely to cause delay?

If existing contracts do not give the comfort or flexibility required, we can assist with renegotiations where possible.

Logistics

Contracts with 3PL providers are likely to be key to any business moving goods between the EU and the UK. WM can assist in auditing those contracts, establishing crucial details including those listed below, and assessing whether existing contracts provide mechanisms for driving changes.

" Who is responsible for delays " Who is responsible for customs and other border paperwork and is any new systems integration required? " Are any force majeure or Brexit specific provisions likely to be engaged? " What...