Could Brexit Void An Existing Commercial Contract?

Even though we’ve voted to leave the EU, this does not automatically make existing commercial contracts void.

Any changes to legislation that might affect contracts with EU partners will not be immediate, but will rather entail a process of gradual change over at least two years.

However, there may still be implications the validity or feasibility of an existing commercial contract. This is best taken on a case by case basis, especially as the exact nature of the new economic model is still being worked out.

In most cases, as with the arrangements for Brexit itself, the process will probably be one of negotiation. New contracts may need to be drawn up that are better suited to the new economic structure, or clauses added or amended.

There is a chance that someone might want to take advantage of material adverse change or force majeure clauses as grounds for terminating a contract. These clauses allow parties to break contract if an exceptional event outside their control means they are unable to fulfil the terms of the original contract. There is no guarantee that such an argument would be upheld – again, this is best examined on a case by case basis.

If you’re concerned about what Brexit means for your existing contracts, our expert team of commercial contract lawyers can help. We’re used to dealing with complex and challenging cases, and can advise you what’s best for your business.

Call us free on 0808 271 2602 or send our referendum team an email with any questions.

Key Contacts

Our key contacts are all experts in their fields. Feel free to email or phone them to find out how we can help your business.

Commercial +

Stuart Padgham

Partner

Head of Commercial

Tel. +44 (0)129 374 2768

Mob. +44 (0)743 603 6997

stuart.padgham@irwinmitchell.com

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Data Protection
& Commercial
+

Joanne Bone

Partner

Data Protection & Commercial

Tel. +44 (0)113 218 6429

Mob. +44 (0)771 088 3924

joanne.bone@irwinmitchell.com

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Commercial &
Regulatory
+

Laurence Gavin

Partner

Commercial & Regulatory

Tel. +44 (0)114 274 4605

Mob. +44 (0)791 872 4939

laurence.gavin@irwinmitchell.com

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Commercial +

Sarah Riding

Partner

Commercial

Tel. +44 (0)121 203 5335

Mob. +44 (0)786 091 0674

sarah.riding@irwinmitchell.com

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Frequently Asked Questions

Will Britain Still Be Part Of The Transatlantic Trade And Investment Partnership?

The Transatlantic Trade and Investment Partnership (TTIP) is a trade agreement currently under negotiation between the EU and the United States... Read more

What Could Be The Commercial Market Impact To The UK Economy And Inward Investment?

It’s currently unclear what effect Brexit will have on the British economy. However, our lawyers can offer expert commercial advice... Read more

What Will Be The Impact On Trade Mark Law Now We Have Decided To Leave The EU?

UK businesses need to be aware that a number of changes could happen in relation to intellectual property (IP), as our current laws are largely driven by the EU... Read more

How Long Will Any Changes To The Law Take?

As Britain has decided to leave the EU, our laws in a number of areas will be changing. Despite this, there won’t be any immediate... Read more

I Have Existing EU Staff And Want To Recruit More – What Should I Do?

Now we’ve voted to leave the EU, the free movement of workers will certainly be affected. However, changes to legislation are likely to be gradual... Read more

What Will Brexit Mean For Data Protection Laws?

As with so many legal issues relating to Brexit the position relating to data protection is not entirely clear. Data protection in the UK is undergoing... Read more

What Impact Will Brexit Have On Dispute Resolution?

If you’re negotiating a contract, you should think carefully about your dispute resolution and governing law clauses... Read more

What Will Happen To UK Employment Law Now We Have Chosen To Leave?

The UK will continue to be bound by EU laws until another agreement is reached or until the UK unilaterally withdraws from the EU... Read more

What Impact Does Brexit Have On The New EU Unitary Patent System?

The new EU Unitary Patent and Unified Patent Court system (not yet in force) will only apply to participating EU member states and so Brexit will... Read more

Could Brexit Void An Existing Commercial Contract?

Even though we’ve voted to leave the EU, this does not automatically make existing commercial contracts void. Any changes to legislation... Read more

How Will Businesses Be Affected By New Immigration Rules?

Many businesses are concerned about what will happen if the UK ultimately pulls up the drawbridge and imposes strict immigration controls... Read more

How Will Regulatory Law Be Affected Now That We Will Leave The EU?

Much of our economy is subject to regulation, and our most pervasive regulatory regimes are EU-driven. As a consequence, it’s likely that uncertainty... Read more

As A Business What Action Should We Be Taking With Our Key Trading Arrangements?

Although the direct impact of Brexit won’t come into force until after the negotiation period (which could be two years or longer) we advise businesses... Read more

Will M&A Activity Increase?

The uncertainty in the run up to the EU referendum vote has dragged levels of M&A activity down compared to last year and, although the outcome of the vote is now known... Read more

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Could Brexit Void An Existing Commercial Contract?

Key Contacts

KEY CONTACTS

Stuart Padgham

Partner

Head of Commercial

Joanne Bone

Partner

Data Protection & Commercial

Laurence Gavin

Partner

Commercial & Regulatory

Sarah Riding

Partner

Commercial

Frequently Asked Questions

Request A Callback