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 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.
- Article 50 judgment to be handed down tomorrow (3 November) at 10 am02 Nov 2016 | by Monckton ChambersThe High Court has announced that it will be handing down judgment in the Article 50 judicial review at 10am tomorrow, at Court 4 in the Royal Courts of Justice.
- 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: […]