Brexit Blog
Brexit is an unprecedented political, economic and legal phenomenon. The Monckton Brexit Blog gives you expert legal insight and analysis from barristers at Monckton Chambers.
Welcome to the Monckton Brexit Blog
On 23 June 2016, the UK’s voters were asked to give a one word answer to a simple question: “Should the United Kingdom remain a member of the European Union or leave the European Union?”. 52% chose “leave”. However, what comes next is far from simple.
Read the welcome message from Philip Woolfe.
- Legislating the Byzantine way: the Brexit Procurement SIs12 Mar 2019 | by Jack WilliamsTowards the end of last year, the Cabinet Office published a draft statutory instrument, the Public Procurement (Amendment etc.) (EU Exit) Regulations 2019 (“the first SI”), which was then laid before Parliament pursuant to Schedule 7 of the European Union (Withdrawal) Act 2018 (“the Act”). On 11th February 2019, a second SI ((The Public Procurement […]
- Does Wightman mean that Miller was decided incorrectly?10 Dec 2018 | by Jack WilliamsThe Court of Justice of the European Union has today in C-621/18 Wightman held that an Article 50 notice is unilaterally revocable, subject to specified conditions. (For a summary, see here .) It will be recalled that the Supreme Court in Miller [2017] UKSC 5 assumed, on an invitation from the parties, that Article 50 […]
- Wightman AG opinion05 Dec 2018 | by Anneli HowardIn his opinion today, the Advocate General at the CJEU has made clear that Brexit is not a one-way cul-de-sac with no prospect of turning back. Even at the point where the withdrawal agreement has been negotiated, the UK can take stock and reflect during a “cooling off period” that continues for the two year […]
- State Aid and The Withdrawal Agreement: Key Points03 Dec 2018 | by George Peretz QCThe UK Government’s intention to maintain the EU State aid rules has been clear for some time. I briefly discussed the reasons why it has taken that view – and done so without significant opposition – in a piece I wrote here. The intention to hold onto the State aid rules was strong enough for the […]
- Government publishes regulations to reform the UK competition regime in the event of a ‘no deal’ Brexit30 Oct 2018 | by Julian GregoryThe Government has this afternoon laid regulations before Parliament to reform the UK competition regime in the event of a ‘no deal’ Brexit. The Competition (Amendment etc.) (EU Exit) Regulations 2019 (“Competition SI”), are accompanied by an Explanatory Memorandum and various pieces of short guidance from the CMA on its post-Brexit role (consolidated here). Before […]
- George Peretz QC and Practical Law: “Brexit: the unpalatable consequences of no deal”14 Sep 2018 | by Monckton ChambersGeorge Peretz QC analyses the trade consequences for both the UK and the EU if the UK leaves the EU with no deal as to the withdrawal agreement, including no transition period. To read the full article published by Practical Law, please click here.
- The Government’s ‘no deal’ Brexit paper on mergers and antitrust13 Sep 2018 | by Julian GregoryThe Government has today published 28 new planning documents explaining what will happen in the event of a ‘no deal’ Brexit, including this one covering the merger and antitrust regimes. Some of the key points are as follows: The Government says that the only changes to the competition regime will be those necessary to manage […]
- Article 50 decision validly taken: new judgment20 Jun 2018 | by Jack WilliamsR. (on the application of Webster) v Secretary of State for Exiting the European Union On 12 June 2018, Lord Justice Gross and Mr Justice Green refused permission to apply for judicial review to challenge the Brexit negotiations on the basis that the United Kingdom had, so it was argued, failed to make a valid […]
- Forthcoming Brexit Book “The UK Constitution after Miller: Brexit and beyond”19 Jun 2018 | by Jack WilliamsNext month, Hart Publishing will publish “The UK Constitution after Miller: Brexit and beyond”, edited by Jack Williams and Professors Mark Elliott and Alison Young. The judgment of the UK Supreme Court in R (Miller) v Secretary of State for Exiting the European Union is of fundamental legal, constitutional and political significance. The Supreme Court’s judgment […]
- Dispute Settlement under the “Future Arrangements”12 Jun 2018 | by Peter OliverGeneral In April, I wrote a post (here) describing the dispute settlement mechanisms (DSMs) in the draft Withdrawal Agreement (here) as they relate to the transitional period, which is set to run from the day after Brexit day (30 March 2019) until the end of December 2020. Last month, this was followed by another post, […]