Search
The Brexit transition period has now ended, and the UK has begun its new relationship with the EU pursuant to the Withdrawal Agreement, the Trade and Cooperation Agreement and the various associated agreements and declarations. This represents a seismic change to both international and domestic laws. Barristers at Monckton Chambers have been at the forefront of advising on and litigating matters connected with Brexit since the referendum in 2016. Recognised as pre-eminent specialists in EU law, public and administrative law, commercial law and public international law, members of Monckton Chambers are well placed to advise and represent clients in relation to all areas connected with the UK’s new relationship with Europe – EU Relations Law.
To that end, Barristers of Monckton Chambers have founded a new EU Relations Law blog – available at www.eurelationslaw.com – exploring all aspects of the UK’s new arrangements with the EU and their domestic implementation. A selection of blog posts and links to our relevant primary resources and videos from our recent seminar series in collaboration with the University of Cambridge can be found below in our Brexit and EU Relations Law Toolkit, to help you navigate the significant and legal changes applicable from January 2021:
| Topic / Link | Description | Author |
| General resources | ||
| International Agreements | One-stop-shop for links to: the Withdrawal Agreements; the UK-EU Trade and Cooperation Agreement; Joint Committee Decisions; Unilateral Declarations; and interpretation documents/explainers | Monckton Chambers |
| Domestic Implementing Legislation | One-stop-shop for links to: domestic implementation legislation; key statutory instruments; and explanatory notes | Monckton Chambers |
| Cases relevant to EURL | One-stop-shop for links to cases concerning the UK’s withdrawal from the EU and its new, ongoing relationship | Monckton Chambers |
| What is EU Relations Law? (Video, explainer and blog) | Introduction to the new legal ecosystem of EU Relations Law
Introduction of the implementation of EU Relations Law into UK law
|
Jack Williams
Professor Alison Young Professor Kenneth Armstrong
|
|
Retention Retained EU Law |
||
| Guide to Retained EU Law | A guide to Retained EU Law with diagrams | Jack Williams |
| Directives as retained EU law | Discussion of how and to what extent Directives are retained EU law | Jack Williams |
| Francovich damages after transition | Analysis of the ability to bring Francovich damages after 1 January 2021 | Jack Williams |
| Challenging the validity of retained EU law | Analysis of the ability to challenge retained EU law on grounds of invalidity | Jack Williams |
|
Withdrawal Withdrawal Agreement/NI Protocol/relevant separation agreement law |
||
| Guide to Relevant Separation Agreement Law | A guide to Relevant Separation Agreement Law with diagrams | Jack Williams |
| The Northern Ireland Protocol (here and here) | Evaluation of the Ireland / Northern Ireland Protocol provisions | Brendan McGurk |
| Amendments to the Withdrawal Agreement: Decision 1 of the Joint Committee | Brief summary of the Joint Committee’s first decision making a number of technical corrections to the Withdrawal Agreement | Jack Williams |
| Citizen rights in the Withdrawal Agreement
|
Discussion of the rights granted to EU citizens in the UK-EU Withdrawal Agreement | Will Perry |
| Enforcing citizen rights in the Withdrawal Agreement | Analysis of how to enforce citizen rights in the UK after the transition period | Will Perry |
| Preliminary references after the transition period | Overview of the CJEU’s jurisdiction in relation to preliminary references after 1 January 2021 | Alexandra Littlewood |
| Jurisdiction and service out after 1 January 2021: (mostly) back to the usual common law rules | Summary of the rules in relation to jurisdiction and service out after 31 December 2020 (incl. re consumer/employment contracts) | Kristina Lukacova |
| Joint Committee Statement on Ireland/NI Protocol – state aid | Discussion of the unilateral declarations made in the Joint Committee on the provisions of the Ireland / Northern Ireland protocol | George Peretz Q.C. |
| Social security provisions in the Withdrawal Agreement | Discussion of the social security provisions in the Withdrawal Agreement | Professor Tamara Hervey |
| Interpretation, Enforcement and Dispute resolution (Video and blog) | Introduction to the enforcement and dispute resolution procedures under the Withdrawal Agreement
Introduction to WTO law dispute settlement procedures Interpreting and departing from retained EU case law Introduction to domestic enforcement and dispute resolution topics
|
Christopher Vajda Q.C.
Professor Takis Tridimas Dr Lorand Bartels Dr Emily Hancox |
|
New relationship Trade and Cooperation Agreement |
||
| The EU (Future Relationship) Act 2020 and Implementation of the TCA into domestic law | A guide to the domestic implementation of the Trade and Cooperation Agreement with diagrams | Jack Williams |
| The TCA: New Law, Not EU Law | An exploration of the nature of the Trade and Cooperation Agreement, which is governed primarily by international law, rather than EU law. | Philip Moser Q.C. |
| Subsidy Control in the TCA | Discussion of the subsidy control provisions in the TCA and comparison with EU State aid law | George Peretz Q.C. |
| The UK’s new subsidy control regime – uncertainties | Exploration of the newly-published UK Government Guidance and the effect of section 29 of the EU (Future Relationship) Act 2020 as it applies to subsidy control. | George Peretz Q.C. |
| Public Procurement in the TCA | Discussion of the procurement provisions in the TCA | Michael Bowsher Q.C. |
| Level playing field negotiations (Video & blog) | Introduction to regulatory and level playing field obligations
Introduction to state aid and subsidy control issues Introduction to procurement issues Summary of the CMA’s role post the transition period |
Ian Forrester
Dr Oke Odudu |
| Arbitration Tribunal procedures, decisions & rulings under the TCA | A detailed assessment of the Arbitration Tribunal procedures in the UK-EU Trade and Cooperation Agreement. | Michael-James Clifton |
| UK trade relations (Video & blog) | Overview of the ratification and implementation procedures for the Trade and Cooperation Agreement
Introduction to issues regarding the implementation of the Trade and Cooperation Agreement in domestic law Summary of Parliamentary scrutiny of trade agreements Introduction to trade between Ireland and Northern Ireland |
Philip Moser Q.C.
Professor Catherine Barnard Alexander Horne |
|
Internal affairs Internal Market Act 2020 |
||
| Intro to the UK Internal market (Video and blog) | The rationales behind the Internal Market Act
Introduction to the market access commitments The impact of the Act on devolved powers in Scotland The impact of the Act on Northern Ireland |
Valentina Sloane Q.C.
Professor Jo Hunt Professor Kenneth Armstrong Professor Stephen Weatherill |
| Goods in the Internal Market Act | Discussion of the Act’s provisions on goods and their similarity/differences with EU internal market rules | Dr Jan Zglinski |
| Exception Clauses regarding Goods in the Internal Market Act | Analysis of the exceptional clauses to the rules on free movement of goods | Peter Oliver |
For assistance with any of your urgent or ongoing Brexit-related and EU Relations Law queries and needs, please get in touch with our clerking team. Our Barristers are also available for media enquiries and legal training. If you wish to receive our Barristers’ EU Relations Law blog posts directly to your inbox, then you can subscribe here.