Two souls in Europe’s breast

04 May 2018 | by Carl Baudenbacher

Written by former President of the EFTA Court Professor Carl Baudenbacher who joined Monckton Chambers as a door tenant on 1 May 2018, see news. In 1992, Jacques Delors, then President of the EU Commission, said that if, over the next ten years, Europe would not be imbued with a soul, meaning that it would […]

Dispute Settlement after the Transitional Period: the Intermediate Regime

01 May 2018 | by Peter Oliver

Last month, I wrote a post describing the dispute settlement provisions in the draft Withdrawal Agreement as they relate to the transitional period, which is set to run from the day after Brexit day (30 March 2019) until the end of December 2020. As promised at the time, the present post concerns the period beginning on […]

Prime Ministers Brexit Speech: Analysis by the Bar

09 Mar 2018 | by Philip Moser QC

In her wide-ranging Mansion House speech last week, the Prime Minister said she wanted to see a comprehensive system of mutual recognition that would enable self-employed legal professionals to continue to travel to the EU to provide services to clients in person. That would be good news for justice and the legal services sector, but […]

Briefing paper: The Government’s proposed legislation for trade remedies

23 Jan 2018 | by George Peretz QC

This briefing reflects, with an introduction and some updating, George Peretz’s comments at the UK Trade Forum/Steptoe & Johnson seminar on 15 January 2018 on trade remedies in the United Kingdom after Brexit. Introduction Outline of the trade remedies regime set out in the Bills Constitution of the TRA Economic interest and public interest Appeals WTO and […]

Does the European Union (Withdrawal) Bill provide legal certainty for EU entities?

14 Dec 2017 | by Christopher Muttukumaru CB

At the Franco-British Chamber of Commerce on 6 December. Christopher Muttukumaru CB argued that it was doubtful that the draft European Union (Withdrawal) Bill would provide sufficient legal certainty for EU entities. “ How many times do I have to tell you – ” Brexit means Brexit”? ” A depiction of the Brexit negotiations. Illuminated […]

The Trade Bill and the implementation of trade agreements after Brexit

22 Nov 2017 | by Professor Panos Koutrakos

On 7 November 2017, the Government presented to Parliament the Trade Bill. This is one of the eight bills that were envisaged in the 2017 Queen’s speech in order to manage Brexit. The Trade Bill provides for the power to implement the Government Agreement on Procurement, the power to implement trade agreements with third parties which […]

EFTA Court contradicts UK Supreme Court on public procurement damages test

02 Nov 2017 | by Philip Moser QC

The EFTA Court, the equivalent of the CJEU for the non-EU countries within the European Economic Area, has handed down a judgment in Case E-16/16 Fosen-Linjen AS v AtB AS, holding that a simple breach of public procurement law may in itself be sufficient to trigger the damages liability of a contracting authority. Provisions of […]

Henry VIII Powers

24 Oct 2017 | by Tarlochan Lall

Brexit is generating debate on so called Henry VIII powers, and is likely to do so for a number of years. They give rise to some basic questions. How do we identify Henry VIII powers? How are they different from the power to make delegated legislation? Henry VIII powers would allow ministers to change primary […]

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