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.
- Brexit, European Economic Area (EEA) membership, and Article 127 EEA02 Dec 2016 | by Professor Panos KoutrakosIntroduction Does Brexit entail an obligation for the United Kingdom to notify the European Economic Area (EEA) of its intention to withdraw? This question has arisen recently in the context of the different ways in which the UK could maintain its links with the single market. This blog entry will address this question in the […]
- Christopher Muttukumaru CB writes that developing UK legislation to implement the Brexit consensus will be like solving a Rubik’s Cube30 Nov 2016 | by Christopher Muttukumaru CBThis post seeks to cover key aspects of the legislation that will be necessary to give effect to the consensus reached in the Brexit negotiations. Is the civil service ready for the challenge of implementing Brexit? 1. There has been a great deal of media comment about whether the UK civil service has the capacity to […]
- Environment after Brexit: Further Thoughts28 Nov 2016 | by Peter OliverIn last week’s post here, we saw how a very high proportion of environmental legislation in the UK is derived from EU law, and how despite the “Great Repeal Bill” the nature of that legislation will change with Brexit. In this blog, we will consider some of the constraints which international law would impose on […]
- The EEA: Another Side to Europe25 Nov 2016 | by George Peretz QCMembership of the European Economic Area, along with Norway, Iceland and Liechtenstein, is often discussed as an option – or at least as the template for an option – for the UK after Brexit. In an interesting recent paper, Michael-James Clifton, chef de cabinet to the President of the EFTA Court (writing in a personal […]
- Environment after Brexit: Some Thoughts24 Nov 2016 | by Peter OliverEnvironmentalists might have good reason to believe that the Government sends mixed signals about its commitment to environmental protection. For instance, last month, it announced its plan to build a third runway at Heathrow, even though that is thought likely to lend to levels of pollution in the vicinity of the airport exceeding the ceilings […]
- Monckton’s WTO experts provide insight into the UK’s trade landscape post a “Hard Brexit”17 Nov 2016 | by Monckton ChambersLeading trade barristers, David Unterhalter SC and Tom Sebastian recently facilitated a round table discussion to an audience of Chambers clientele focussing on the UK’s trade relationships after a ‘Hard Brexit’. Four core issues were discussed: (1) what are the political and legal uncertainties surrounding the UK’s WTO Membership; (2) how is WTO law enforced and […]
- The Miller Case – an alternative analysis16 Nov 2016 | by Sir Jeremy Lever KCMG QCIn this post, our former head of chambers, the prominent EU lawyer Sir Jeremy Lever, KCMG QC, considers whether the Supreme Court will have to make a reference to the CJEU in the Miller case and sets out an alternative analysis of the legal issues. With regard to the potential need for a reference by […]
- Will the Supreme Court have to make a reference to the Court of Justice of the EU in Miller?: further thoughts14 Nov 2016 | by George Peretz QCThere has been much excitement generated by the possibility that, in order to resolve the Miller case, the Supreme Court might have to make a reference to the Court of Justice of the EU (“ECJ”). The excitement is partly generated by the fact that the question that it is thought might have to be referred […]
- Supreme Court Grants Government Permission to Appeal Against Article 50 Judgment08 Nov 2016 | by George Peretz QCThe Supreme Court today announced (here) that it has granted the Government permission to appeal against the judgment of the High Court in the Article 50 case. The case will be heard between 5-8 December, with judgment in the New Year.
- High Court rules that Government cannot invoke Article 50 under the Royal Prerogative03 Nov 2016 | by George Peretz QCThe High Court has just given judgment in the case of R(Miller) v Secretary of State for Exiting the EU. The Court has ruled that the Government has no power under the Royal Prerogative to invoke Article 50 TEU. An Act of Parliament is required. Please click here to read the Case Note on the judgment.