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.
- 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 […]
- What does Brexit mean for the UK in WTO?12 Jul 2016 | by Professor Panos KoutrakosIn the light of Brexit, World Trade Organisation (WTO) law has attracted considerable attention. It has been viewed as a possible model governing the future relationship between the UK and the EU (should other options fail), as well as the future trade links between the UK and non-EU states (in the absence of specific trade […]
- The EEA Agreement: roles of the EFTA Surveillance Authority and EFTA Court12 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 describes the roles and functions of the EFTA Surveillance Authority and the EFTA Court. To view the blog post written by Michael-James Clifton please click here.
- BREXIT – not too late for proper impact assessment?12 Jul 2016 | by Anneli HowardAmid concerns that the referendum was conducted without the public having full knowledge of the facts, there have been increasing clamours for a second referendum. Last week, Sir Richard Branson reportedly had discussions with Theresa May to request a second poll – see here. In yesterday’s press, lawyers have requested the Government to carry out […]
- Theresa May’s speech promises reforms of competition policy and a tougher stance on tax11 Jul 2016 | by George Peretz QCToday’s developments mean that Mrs Theresa May is likely to become Prime Minister on Wednesday 13 July. In her speech delivered this morning (before the news that Mrs Leadsom had withdrawn her candidacy for leadership of the Conservative Party), Mrs May made three points likely to be of particular relevance to readers of this blog. […]