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.
- The Great Repeal Bill and the risk of enforcement black holes: some further thoughts based on environmental law31 Mar 2017 | by Julian GregoryAs noted in my blog post yesterday, one of the main concerns about the Great Repeal Bill is whether Brexit-related secondary legislation will receive proper Parliamentary scrutiny. The Government’s line as set out in its White Paper is that secondary legislation will only be used to make technical changes needed to ensure EU laws work […]
- The fate of Charter rights under the Great Repeal Bill31 Mar 2017 | by Eric MetcalfeIn yesterday’s White Paper, the Government announced that the EU Charter of Fundamental Rights will not be converted into law by the Great Repeal Bill, on the basis that it “cannot be right that the Charter could be used to bring challenges against the Government, or for UK legislation after our withdrawal to be struck […]
- The Great Repeal Bill White Paper: what we have learned30 Mar 2017 | by Julian GregoryToday the Government published a White Paper for the Great Repeal Bill, but confirmed it does not intend to publish the Bill in draft before it is placed before Parliament. When it appears, the Bill is likely to be only a few pages long, but the changes made under it will dominate the current Parliament, […]
- Dispute Settlement Mechanisms after Brexit: a Crucial Element in the Forthcoming Negotiations with the EU29 Mar 2017 | by Peter OliverIn his speech last week, Michel Barnier, the European Commission’s Brexit negotiator, warned that the Withdrawal Agreement which is to be negotiated pursuant to Article 50 TEU will have to be subject to the law and judicial system of the EU. Of course, that agreement will be an act of the EU institutions and so […]
- The EU roll-over15 Mar 2017 | by Anneli HowardOn 13 March 2017, Anneli Howard participated in the UK Legal Future event at the House of Commons. Her Panel discussed the need for transitional arrangements for the period between the UK’s withdrawal from the EU and the eventual conclusion of the trade negotiations and thereafter. She focussed on the potential disruptions to cross border […]
- Environment and Brexit: Strong Words from the House of Lords Select Committee21 Feb 2017 | by Peter OliverOn Valentine’s Day, the House of Lords Select Committee on the EU published a report entitled “Brexit: Environment and Climate Change” .But there is nothing romantic about this document: while recognising that Brexit affords the UK the opportunity to improve on EU environmental legislation in certain respects, it paints a bleak picture of what environmental […]
- Publication of leading EU lawyers’ Opinion on Article 50 TEU17 Feb 2017 | by Monckton ChambersGerry Facenna QC and former Head of Monckton Chambers Sir Jeremy Lever KCMG QC are two of the five authors of a legal opinion published today by “the People’s Challenge”, a group who took part as an interested party in the recent Supreme Court case initiated by Gina Miller. The Opinion, whose authors also include […]
- “The WTO-option”: Two questions of process09 Feb 2017 | by Thomas SebastianThomas Sebastian spoke yesterday at an event organised by UK Legal Future at the House of Commons. His remarks dealt with the so-called “WTO Option”. Thomas addressed two questions of process: (1) Whether the UK will be able to rely on WTO rules post-Brexit even if other WTO Members object to its proposals for revised […]
- Brexit from an EU perspective – the Magical Mystery Tour09 Feb 2017 | by Christopher Muttukumaru CB25 January and 8 February 2017 Christopher Muttukumaru CB writes that, thus far, the Brexit debate has focused purely on the UK wish list. What are some of the significant legal issues which the Commission and the other 27 Member States may need to consider in order to protect the EU’s interests? This post is […]
- Supreme Court rules that Government cannot invoke Article 50 under the Royal Prerogative24 Jan 2017 | by Jack WilliamsThe Supreme Court has this morning given judgment in the case of R(Miller) v Secretary of State for Exiting the EU  UKSC 5. In summary, the Court has (by majority of 8 to 3) dismissed the Government’s appeal against the Divisional Court’s judgment , and has ruled that the Government has no power under […]