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.
- Cases before the CJEU at the time of Brexit: could the interests of justice be timed out?31 Aug 2016 | by Christopher Muttukumaru CBChristopher Muttukumaru CB argues that, in cases where a reference has been made to the Court of Justice under Article 267 of the TFEU, the UK and the EU should reach agreement on transitional cases in order to ensure legal certainty. Otherwise, could the interests of justice be timed out? Some proponents of Brexit have […]
- Aspects of environmental regulation as they apply to the delivery of major infrastructure projects18 Aug 2016 | by Christopher Muttukumaru CBChristopher Muttukumaru CB argues that, in a post Brexit UK, the environmental protection rules that apply to the delivery of major infrastructure projects would be difficult to abandon, either as a matter of policy or because the legal issues go far deeper than merely abandoning EU rules. It is difficult to predict the course of […]
- Britain’s new EU Commissioner receives security portfolio02 Aug 2016 | by Philip WoolfeJean-Claude Juncker has created a new portfolio for the new UK-appointed Commissioner, Sir Julian King, as “Commissioner for the Security Union”. The UK’s last Commissioner, Lord Hill, resigned in the immediate aftermath of the referendum vote on 23 June, having held the financial services portfolio. Mr Juncker’s Mission Letter gives an interesting insight into the […]
- Supreme Court refers questions on free movement to the EU Court of Justice27 Jul 2016 | by Ben LaskThe Supreme Court today made its first reference to the Court of Justice since the EU referendum on one of the central issues in the referendum debate: the free movement of EU citizens who have committed crimes in the UK. The case concerned a deportation order made by the Home Secretary against an Italian national […]
- House of Lords Committee says Parliament must scrutinise Brexit22 Jul 2016 | by Philip WoolfeThe European Union Committee of the House of Lords has today published a report on the role of Parliament in scrutinising Brexit. The report also comments interestingly on the shape and timing of Article 50 negotiations on Britain’s exit from the EU and negotiations on Britain’s future relationship with Europe. Most importantly it gives some […]
- What will the Withdrawal Agreement under Article 50(2) contain?20 Jul 2016 | by Peter OliverIt is generally agreed that the UK’s departure from the EU will involve the conclusion of not one but of at least two agreements between the UK on the one hand and the EU alone or together with the Member States on the other. First, there is the Withdrawal Agreement based on Article 50(2) TEU […]
- Art 50 BREXIT case – hearing set for October with possible leapfrog to the Supreme Court19 Jul 2016 | by Philip WoolfeBefore a packed courtroom this morning the Divisional Court considered the future management of a number of legal challenges concerning the proper process for BREXIT, and in particular the question of whether Parliament must be involved in any decision to trigger the EU withdrawal process. The presiding judges, Sir Brian Leveson, President of the Queen’s […]
- Procurement Futures: what lies ahead for procurement law? What will be the effects on future plans and challenges? – slides available18 Jul 2016 | by Philip WoolfeMonckton Chambers, as a leading set in the field, presented a seminar titled “Procurement Futures: what lies ahead for procurement law? What will be the effects on future plans and challenges?”, on the 13th July. The speakers included Ewan West, Valentina Sloane, Ben Rayment, Michael Bowsher QC, George Peretz QC, Thomas Sebastian and Azeem Suterwalla. To […]
- EEA Competition Law and the EEA Agreement’s Impact18 Jul 2016 | by Michael-James CliftonThe EEA Agreement, often described as the ‘Norwegian model’ extends the Single Market to Norway, Liechtenstein and Iceland. The EEA Agreement naturally includes competition, State aid and public procurement provisions. This Monckton Brexit Blog post introduces EEA competition law and considers what the EEA Agreement has achieved since its signature in 1992. To view the […]
- Securing the English Courts prime slot as a one-stop jurisdiction15 Jul 2016 | by Anneli HowardJust when we thought we almost had it all….. Is there a risk that BREXIT could threaten to steal the English Courts pre-eminent international jurisdiction for large scale commercial disputes? After the UK’s withdrawal from the EU, whether on full exit or the EEA-type model, the Recast Brussels Regulation (“RBR”) will no longer be directly […]