A brief note on Brexit, for under the Christmas tree...

't Is the Season to be jolly (also in #Covid19 times to be sure) and thus the UK and EU negotiators on Brexit, inspired by the Ghost of Christmas Present (and the long lines of trucks in Dover and Calais no doubt) are seeking to land a last ditch effort to avoid a so-called hard Brexit by securing the so far elusive trade agreement to follow the end of the Transition Period.

With an apparent breakthrough on the main obstacles preventing such deal (notably Fishing rights and the EU requirement of an economic "level playing field"), it would appear that bets against a "soft" brexit may have been premature after all.

However, it would be a mistake to think that a soft Brexit would remove all woes for individuals and companies alike. Deal or no deal, effective January 1, 2021, the UK will effectively be a third country to the EU. There will still be a border (and border controls). Moreover, many documented Brexit issues (e.g. on commercial contracts, jurisdiction clauses, GDPR and IPR (to name but a few)) are unlikely to be resolved or even contemplated in a trade deal which is set to focus mainly on (avoiding) custom tariffs and levies.

To be clear, we will have to study whatever Brexit deal lands under the Christmas tree (or at the New Year table) once it is signed. Any "hard" legal advice prior to that date would be premature. So watch out for the avalanche of analysis and advice that will be coming your way in January.