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.
- Judge Baudenbacher’s speech on whether the EEA is an option for the UK01 Nov 2016 | by George Peretz QCIn an earlier blog, I commented on a summary of a talk given by Judge Baudenbacher (President of the EFTA Court) to the Centre for European Law at King’s College London on 13 October. The full text of his speech is now available here. The following points are worth drawing attention to. It is “hard […]
- Government Wins Article 50 Challenge In High Court Of Northern Ireland28 Oct 2016 | by George Peretz QCIn a judgment released this morning (here) the High Court of Northern Ireland (Maguire J) rejected various challenges brought under Northern Ireland law to the Government’s position that it can invoke Article 50 TEU under the Royal Prerogative. The challenges that were decided by the Court were all based on aspects of the constitutional settlement […]
- What does CETA tells us about Brexit?27 Oct 2016 | by Professor Panos KoutrakosThe Comprehensive Economic and Trade Agreement (CETA) that the EU has negotiated with Canada has attracted considerable publicity. Its fate is uncertain at the time of writing, as the Walloon Parliament in Belgium has voted against its signature and provisional application (the signature of CETA was scheduled originally for Thursday 27 October 2016). Its outcome […]
- Brexit Competition Law Working Group Publishes Issues Paper25 Oct 2016 | by George Peretz QCThe Brexit Competition Law Working Group (BCLWG), consisting of a group of eminent practitioners in competition law including Jon Turner QC, has just published an Issues Paper setting out issues for UK competition law that will need to be considered and resolved as a result of Brexit. The paper covers mergers and market investigations, antitrust […]
- President of EFTA Court discusses issues arising out of Brexit20 Oct 2016 | by George Peretz QCIn a lecture given to the Centre of European Law at King’s College, London, on 13 October, the President of the EFTA Court, Judge Baudenbacher, made a number of important observations about Brexit and possible models for the UK’s relationship with the EU and EEA. His handout is here. Important points that he makes include: […]
- Article 50 Challenge: Update from Day Two18 Oct 2016 | by Philip WoolfeThe hearing continued yesterday of the judicial review challenging the Government’s position that it can trigger Article 50 without recourse to an Act of Parliament. The full transcript is available here, or you can read our summary below. The day began with the Court raising the issue that the lead claimant, Ms Gina Miller, has […]
- Could the Article 50 litigation result in a reference to the European Court of Justice?17 Oct 2016 | by George Peretz QCThe High Court is currently considering the argument that the Crown has no power to trigger Article 50 of the Treaty on European Union by use of the Royal Prerogative and without an Act of Parliament. One issue that has arisen in commentary on that case is whether it could result in a reference to […]
- Article 50 Challenge: Update from Day One14 Oct 2016 | by Philip WoolfeAs we wrote yesterday (see here) the hearing has now started of the High Court challenges to the Government’s position that it can trigger Article 50 by use of the royal prerogative and without the need for an Act of Parliament. Those challenges are based on domestic principles of constitutional law. If you’re interested in […]
- Article 50 challenges in Court today13 Oct 2016 | by Philip WoolfeToday sees the start of the hearing in the High Court of the so-called “Article 50 challenges” – the judicial review proceedings brought by two claimants (and supported by several groups of interveners) which argue that a Parliamentary vote is needed before the Article 50 process for Britain leaving the EU can be triggered. The […]
- The Great Repeal Bill: Legal Issues That Will Have To Be Tackled11 Oct 2016 | by George Peretz QCBoth Christopher Muttukumaru CB (here) and I (here) have already commented on some aspects of the Great Reform Bill that has been promised by the Prime Minister in her speech to the Conservative Party conference. This post sets out some further serious legal and policy challenges that will have to be tackled in the Bill. These […]