Skip to main content

News story

December 7, 2020

Brexit Six: Contractual side effects from 1 January 2021

The end of the transition period of the Withdrawal Agreement on 31 December 2020 will signal the UK’s withdrawal from the European Union (the EU).

This means that from 1 January 2021 the EU Treaties and the general principles of EU law will cease to apply in the UK. Prior EU regulation will continue to apply until they are modified or revoked by domestic regulations.

The withdrawal will inevitably have a significant impact on commercial contracts between UK and EU businesses and contracts whose supply chain involves the EU.

Businesses should review these contracts now to assess the potential impact of Brexit, and the end of the transition period, on their rights and obligations and plan their resources appropriately.

Brexit six

We set out six of the key points to consider when reviewing existing commercial contracts to secure your value and manage your risks.

  1. Currency fluctuations: potential fluctuations in exchange rates could have a significant effect on your commercial contracts. It is important to identify provisions which expose you to currency fluctuations and ascertain whether you are adequately protected.
  2. Increased trade barriers: trade barriers seem likely to increase, particularly given the way Brexit negotiations have progressed to date. Barriers will in turn result in increased trading costs when trading in Europe. It is important to evaluate the impact these increased costs will have on your business and identify whether any provisions in your commercial agreements offer any protection in terms of allocation of trading costs (including tariffs).
  3. Freedom of movement: restrictions on freedom of movement are likely to lead to additional costs and delays. It is critical to evaluate the effect this may have on meeting deadlines under any supply of goods contracts and assess the impact it may have on your ability to supply services under any services contract.
  4. Territorial scope: if your contracts identify the EU as within their territorial scope it is important to identify whether this is defined as being the EU as comprised at the date of the agreement or as it evolves from time to time. If the latter, the UK is carved out and the territory in the contract will no longer mean the UK.
  5. Parallel regulatory regimes: “parallel regulatory regimes” means that both UK and EU law may be relevant to the contract. This may emerge if your commercial contracts govern the introduction of new goods or services to both the UK and EU markets. If such parallel regimes emerge, it would be prudent to agree with counterparties the allocation of responsibility for compliance and consequences of non-compliance.
  6. Changes of law: it is important to review the provisions of your contracts relating to changes of law and consider how costs arising from such changes are allocated.

What to do

Given the levels of uncertainty around the post-Brexit landscape, doing nothing is not an option as businesses may be forced to carry out their obligations under commercial agreements in the face of circumstances that render them commercially unattractive.

If you are dealing with counterparties in the EU or have supply chains in the EU, you should be reviewing your existing commercial agreements now so that you can appropriately prepare for and minimise your exposure to Brexit related risks.

For an initial consultation and assistance with your contract review, contact corporate lawyer Evangelos Kyveris, today.

Note: This is not legal advice; it provides information of general interest about current legal issues.

Stay in touch

Subscribe to our newsletter

Stay in touch

By completing your details and submitting this form you confirm you are happy for us to send you marketing communications and that you agree to our Website Privacy Policy and Legal Notice and to us using Mailchimp to process your data.


Sending

News/Insight

  • The do’s and don’ts of using AI in your business
    AI can help businesses improve efficiency and make informed decisions, but it also comes with risks. Explore the key do’s and don’ts of using AI responsibly, including data protection, legal considerations and the importance of human oversight.


    Read more
  • Next equal pay appeal: when can market pressures justify different pay
    When can recruitment and retention pressures justify different pay? Karen Cole explores the Next equal pay appeal, explaining why equal pay risks remain and what employers should consider when reviewing pay packages and the evidence supporting their


    Read more
  • Domestic Abuse Protection Orders: where are they available and what other protection can you seek?
    Domestic Abuse Protection Orders can offer tailored protection, but availability is currently limited. Pippa Marshall explains how they work, who can apply and the other protective orders available, including non-molestation and occupation orders.


    Read more
  • Missing beneficiaries and unknown heirs: what should executors do?
    What should an executor do if someone entitled to inherit cannot be found? James McMullan explains how to trace missing beneficiaries, the limits of statutory notices and the options to consider before distributing an estate.


    Read more
  • Pay transparency in recruitment: Is your business ready to disclose salaries?
    Employers may eventually have to provide salary information much earlier in the recruitment process under proposals being considered by the Government.


    Read more

What they say...

  • Bryan E, September 2026
    Absolutely outstanding “This firm is super professional, efficient and friendly at the same time. You could not wish for a better service. I have used them for my Will and a range of other matters over many years. I’ve found all the vario

  • Jan Norris, September 2026
    Excellent Service “Charlotte Barbaroussis has prepared our wills, LPAs and a discretionary trust. She was professional, kind and patient throughout. A very fine person to have looking after us.”

  • Brian Nunan, August 2026
    “I dealt with the group for many years, and no matter which solicitor I used, the results were always the same. Excellent!”

  • Client, July 2026
    Constructive and empathetic “I contacted Pippa Marshall at RIAA Barker Gillette through a recommendation regarding a family law matter. Pippa was always clear, efficient, empathetic and helpful, offering constructive insights on my situation. I

  • Dino, July 2026
    A lucky professional meeting! “We had an excellent professional experience to recommend to all those who need legal help in the UK.”

Read more