Supreme Court: prorogation unlawful

25 Sep 2019 | by Steven Gee QC

The case before the Supreme Court will not determine whether the UK should remain in or leave the EU, or the terms on which it should leave. It is not about the competing arguments about Brexit. It is a case about the Constitution of the United Kingdom. Much of it is unwritten, but it exists. […]

Professor Carl Baudenbacher: EEA on the table again?

28 May 2019 | by Carl Baudenbacher

Photo: @EFTAsecretariat One hour after Theresa May’s resignation on 24 May 2019, Former EFTA Court President Prof. Dr. Dr. h.c. Carl Baudenbacher from Monckton Chambers spoke on Brexit and the EEA at the meeting of the European Economic and Social Committee marking the 25th anniversary of the European Economic Area. Baudenbacher stressed that there was […]

Legislating the Byzantine way: the Brexit Procurement SIs

12 Mar 2019 | by Jack Williams

Towards the end of last year, the Cabinet Office published a draft statutory instrument, the Public Procurement (Amendment etc.) (EU Exit) Regulations 2019 (“the first SI”), which was then laid before Parliament pursuant to Schedule 7 of the European Union (Withdrawal) Act 2018 (“the Act”). On 11th February 2019, a second SI ((The Public Procurement […]

Does Wightman mean that Miller was decided incorrectly?

10 Dec 2018 | by Jack Williams

The Court of Justice of the European Union has today in C-621/18 Wightman held that an Article 50 notice is unilaterally revocable, subject to specified conditions. (For a summary, see here .) It will be recalled that the Supreme Court in Miller [2017] UKSC 5 assumed, on an invitation from the parties, that Article 50 […]

Wightman AG opinion

05 Dec 2018 | by Anneli Howard

In his opinion today, the Advocate General at the CJEU has made clear that Brexit is not a one-way cul-de-sac with no prospect of turning back. Even at the point where the withdrawal agreement has been negotiated, the UK can take stock and reflect during a “cooling off period” that continues for the two year […]

State Aid and The Withdrawal Agreement: Key Points

03 Dec 2018 | by George Peretz QC

The UK Government’s intention to maintain the EU State aid rules has been clear for some time.  I briefly discussed the reasons why it has taken that view – and done so without significant opposition – in a piece I wrote here.  The intention to hold onto the State aid rules was strong enough for the […]

Government publishes regulations to reform the UK competition regime in the event of a ‘no deal’ Brexit

30 Oct 2018 | by Julian Gregory

The Government has this afternoon laid regulations before Parliament to reform the UK competition regime in the event of a ‘no deal’ Brexit. The Competition (Amendment etc.) (EU Exit) Regulations 2019 (“Competition SI”), are accompanied by an Explanatory Memorandum and various pieces of short guidance from the CMA on its post-Brexit role (consolidated here). Before […]

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