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Are you prepared for Brexit?

Now that Brexit is getting real, it is vital for you to stay informed about what happens next and how it affects your business.

Below you are able to download our FBCMB regional tube maps, where you can find your sector line and see the issues that will affect you on each stop. You will travel through zones covering international standards, EU rules, opportunities, people and trade. On each step of this journey you will need advice and our team are on hand to provide it.

   

 

Your big question is how you will do business in the short term in the event of no deal, in the medium term during any transitional period between Brexit and the entry into force of a new UK-EU trade agreement, and in the long term under the new trade agreement?

It is already clear, however, that you or those you supply are not going to enjoy the same access to the EU's Single Market under a trade agreement as you do while the UK is a member of the EU.

The main threat you face is uncertainty about the outcome. Nonetheless, you need to assess the impact of a worst-case-scenario Brexit now, in other words without any withdrawal agreement in place, and have in place contingency plans which are flexible enough to respond to developments in the negotiations.

Download our briefings if you are in:

Agriculture

Manufacturing

Automative and Aviation

Leisure and Hospitality

Our team can help you with all that you need in four steps:

  1. Information - You need to have procedures in place to ensure you are well-informed about the Brexit process. Relying on press reports won’t be enough. Understanding and forecasting the likely impacts are fundamental to your Brexit strategy to gaining early competitive advantage. FBC Manby Bowdler will give you with a tailored service which monitors progress, analyses published documents, and identifies the impacts for your business the moment they become clear.
  2. Preparation - Prepare for Brexit with and without a deal. To do so, businesses should carry out a Brexit legal impact assessment followed by a Brexit commercial impact assessment. These will form the baseline of any contingency measures. To be Brexitproof, FBC Manby Bowdler’s online survey can help you legally and commercially. Sign up here.
  3. Action - Based on this survey, you should decide what contingency plans you need and when they should be activated. You might be marginally or massively impacted. Contingency measures could include setting up alternative supply chains, identifying new customer markets, or re-skilling employees. FBC Manby Bowdler has been at the forefront of advising clients on the commercial implications of Brexit. We have the experience to help you devise and implement contingency measures for your business, and stress-test them against a range of Brexit scenarios, whatever industry you operate in.
  4. Influencing - The best way to avoid a Brexit that damages your business is to influence the outcome yourself. Brexit provides an opportunity to do that, which businesses should exploit more. FBC Manby Bowdler has the benefit of advisers in Brussels and London. We can devise and implement policy advocacy strategies to influence the course of further Brexit negotiations, the negotiations on a new trade agreement and build long-term regulatory compliance strategies, including relationship-building with key influencers and government authorities.

Our team of experienced sector specialists has examined the potential impact of the Brexit in your sector. Peter Wilding, our Brexit Director, is able to provide in-depth analysis on the political, policy and legal implications of Brexit, and translate what they mean for manufacturing, agricultural and hospitality clients. He has an expert understanding of how each piece of the jigsaw of EU policy and legislation fits together, an insider’s knowledge of the political and administrative processes of the negotiations, and considerable experience of how UK legislation is enacted. Few other lawyers have a background so suited to giving Brexit advice.

 

High Court Delivers Brexit Bombshell

In a bombshell decision of fundamental constitutional importance, the High Court has ruled that the Government has no power to trigger the UK’s departure from the European Union without first referring the matter to Parliament.

Following the ‘leave’ result of the June 2016 referendum, the Government took the view that it was entitled to invoke its executive powers under the royal prerogative in order to give notice under Article 50 of the Treaty on European Union of the UK’s withdrawal from the EU. That would have fired the starting gun on two years of negotiations leading up to the UK’s eventual departure.

However, in upholding campaigners’ challenge to that stance, the Court underlined the constitutional supremacy of Parliament and its ability to make, or unmake, any law as it chooses. The Government could not, by exercise of its prerogative powers, override legislation enacted by Parliament.

The Government argued that, by convention, it can employ its prerogative powers to make decisions relating to foreign policy, without reference to Parliament. However, the Court found that that convention did not apply as withdrawal from the EU would inevitably have the effect of changing domestic law.

The UK joined the then European Communities by the European Communities Act 1972. That primary legislation was required as it was a condition of membership that community law should be given effect in the domestic law of the UK. Withdrawal from the EU would thus necessarily have the effect of changing the latter.

The power to give notice under Article 50 was not conferred on the Government by the European Union Referendum Act 2015 or any other legislation. Any such notice given could also not be qualified by stating that Parliament is required to approve any withdrawal agreement reached during the course of the negotiations.




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