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.
- Article 50 litigation: Court orders that Government’s arguments can be published28 Sep 2016 | by Gerry Facenna QCOn Friday 23 September 2016 the “People’s Challenge Interested Parties” published a redacted version of their skeleton argument because the Government had not agreed to publication of any of the content of the Secretary of State’s detailed grounds of resistance. The People’s Challenge Interested Parties therefore also applied to the Court for clarification, because they […]
- Parliamentary scrutiny of the Brexit negotiations27 Sep 2016 | by Christopher Muttukumaru CBChristopher Muttukumaru CB writes: in circumstances where the successful “Leave” campaign provided little by way of a collective vision of a post-Brexit world, it is essential that the UK Parliament is provided with sufficient information about the Government’s negotiating strategy to enable Parliament to hold the UK executive to account. This post is principally concerned […]
- Article 50 litigation: Interested Parties’ skeleton argument published23 Sep 2016 | by Gerry Facenna QCToday, the People’s Challenge Interested Parties have publicly released their skeleton argument for the Article 50 TEU litigation to be heard in the Divisional Court on 13 and 17 October 2016. The People’s Challenge Interested Parties are the first to publish their arguments so that the general public can see the arguments in this historic […]
- International trade treaties before Brexit20 Sep 2016 | by Professor Panos KoutrakosSince the June referendum, the question of the trade relations between the UK and third countries has been raised in different contexts. These have included the status of the existing trade agreements that bind the EU as a matter of EU law (see my analysis here) and the legal issues regarding the application of WTO […]
- AFTER BREXIT: State Aid under WTO disciplines15 Sep 2016 | by David Unterhalter SCBlog post written by David Unterhalter SC and Thomas Sebastian. Amidst the speculation as to what legal regime is likely to govern the UK’s trading relationships with its major trading partners after Brexit, the safest view is that it is far too soon to tell. But one outcome is tolerably clear. The UK’s membership of […]
- 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 […]