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.
- Does the European Union (Withdrawal) Bill provide legal certainty for EU entities?14 Dec 2017 | by Christopher Muttukumaru CBAt the Franco-British Chamber of Commerce on 6 December. Christopher Muttukumaru CB argued that it was doubtful that the draft European Union (Withdrawal) Bill would provide sufficient legal certainty for EU entities. “ How many times do I have to tell you – ” Brexit means Brexit”? ” A depiction of the Brexit negotiations. Illuminated […]
- The Trade Bill and the implementation of trade agreements after Brexit22 Nov 2017 | by Professor Panos KoutrakosOn 7 November 2017, the Government presented to Parliament the Trade Bill. This is one of the eight bills that were envisaged in the 2017 Queen’s speech in order to manage Brexit. The Trade Bill provides for the power to implement the Government Agreement on Procurement, the power to implement trade agreements with third parties which […]
- EFTA Court contradicts UK Supreme Court on public procurement damages test02 Nov 2017 | by Philip Moser QCThe EFTA Court, the equivalent of the CJEU for the non-EU countries within the European Economic Area, has handed down a judgment in Case E-16/16 Fosen-Linjen AS v AtB AS, holding that a simple breach of public procurement law may in itself be sufficient to trigger the damages liability of a contracting authority. Provisions of […]
- Henry VIII Powers24 Oct 2017 | by Tarlochan LallBrexit is generating debate on so called Henry VIII powers, and is likely to do so for a number of years. They give rise to some basic questions. How do we identify Henry VIII powers? How are they different from the power to make delegated legislation? Henry VIII powers would allow ministers to change primary […]
- Trade Defence Instruments: Issues for the United Kingdom Post-Brexit13 Oct 2017 | by George Peretz QCThis blog post is a version of a blog by George Peretz QC on the UK Trade Forum blog . The UK Trade forum is a new initiative by a number of experts in the law and policy of trade to encourage informed public discussion of trade issues in the UK: both George Peretz and Thomas […]
- Trade Defence Instruments: a Brief Introduction12 Oct 2017 | by George Peretz QCThis blog post is a version of a blog by George Peretz QC on the UK Trade Forum blog . The UK Trade forum is a new initiative by a number of experts in the law and policy of trade to encourage informed public discussion of trade issues in the UK: both George Peretz and […]
- Enforcement of EU-derived rights in a post Brexit UK: an EU perspective of aspects of the European Union (Withdrawal) Bill26 Sep 2017 | by Christopher Muttukumaru CBOn 18 September, Christopher Muttukumaru CB gave a presentation to the FIDE Foundation in Madrid on the enforcement of EU-derived rights in a post Brexit UK context. His co-speaker was Professor Pedro de Miguel Asensio, Professor of EU Law at Complutense University, Madrid. In summary, Christopher’s presentation covered a number of issues, including the following. […]
- Is the EU (Withdrawal) Bill Deficient in the Context of Continued Access to the Aviation Single Market?11 Sep 2017 | by Christopher Muttukumaru CBIn the context of post-Brexit access to the EU’s Aviation Single Market, it is doubtful whether the introduction draft of the European Union (Withdrawal) Bill (EUWB) is adequate to serve its intended purpose of providing a clear, certain and reliable legal framework to enable businesses, individuals and regulators (in the UK and EU) to plan […]
- CPD Webinar : Anneli Howard discusses the implications of the European Union (Withdrawal) Bill 2017 with Practical Law – available free to view05 Sep 2017 | by Anneli HowardIn conjunction with Practical Law, Anneli Howard has produced a 42-minute video in which she examines the contents and implications of the European Union (Withdrawal) Bill 2017-19; commonly referred to as the Great Repeal Bill. She concentrates on five areas: What the repeal of the European Communities Act 1972 will mean in practice for acquired […]
- Status of EU law and ongoing role for the Court of Justice ?24 Aug 2017 | by Anneli HowardThe Government today has published its position paper on the “Enforcement and dispute resolution“, in which it sets out its vision for its future partnership with the EU. A copy of the DEXEU paper can be found here. Since her Lancaster House in January 2017 speech, the Prime Minister has been insistent on her redline […]