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.
- 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 […]
- Competition Damages – Chasing down a cause of action…15 Jul 2016 | by Anneli HowardOnce the UK withdraws from the EU, claimants will no longer have a direct cause of action based on Articles 101 and 102 TFEU nor will they be able to assert a breach of statutory duty under s.2(1) ECA 1972. Similarly, it does not seem likely that ss. 47A(6)(c), 58A and 60 CA98, which refer […]
- Brexit, merger control and potential reforms15 Jul 2016 | by Alison BerridgeWritten by Alistair Lindsay & Alison Berridge In our second post on the implications of Brexit for merger control, we ask whether a new relationship with Europe might prompt amendment to merger control rules in the UK. New jurisdictional thresholds? As described in our earlier post , the most significant changes to the merger control landscape […]
- The EEA Agreement: principles of EEA law14 Jul 2016 | by Michael-James CliftonThe EEA Agreement, often described as the ‘Norwegian model’ extends the Single Market to Norway, Liechtenstein and Iceland. This Monckton Brexit Blog post provides insights into the fundamental principles of EEA law and their role in achieving a level playing field across the Single Market. To view the blog post written by Michael-James Clifton please […]
- EU Law in a transitional period14 Jul 2016 | by Christopher Muttukumaru CBHow should practitioners plan for the uncertain period ahead? What happens to the application of EU Law between now and the enactment of the act of Parliament that will be required to repeal the European Communities Act , as well as to implement into domestic law any successor deal with the EU? Whatever the long […]
- State aid post-Brexit13 Jul 2016 | by George Peretz QCIn a blog on this site earlier this week, George Peretz QC discussed various possibilities for the State aid regime after Brexit. That piece, available here, has now been updated to include a discussion of the position of Switzerland. IMPLICATIONS OF BREXIT FOR STATE AID: (1) THE “ICELAND TO TURKEY” OPTIONS As an area that […]