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Keep up to date2019-01-11T17:29:00
Claire Stockford, Iain Drummond and Caitlin McLean of Shepherd and Wedderburn weigh Brexit’s implications for dispute resolution
The wider potential implications of Brexit for construction have been well publicised, such as problems with project funding, labour availability and materials supplies. These are likely to lead to project delays and even projects being stalled. Already we have seen the European Medicines Agency claim its £500m Canary Wharf office lease has been frustrated as a result of Brexit. We are likely to see further Brexit-related disputes come before the courts as companies try to wriggle out of what may have become less profitable or impracticable agreements.
The validity of the contract itself, however, is just one piece of this puzzle. Even where contracts are valid and the court or arbitrator orders that one party must perform specific obligations or pay damages to the other, it must be ensured that the judgment can be enforced against a contractual counterparty and their assets.
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