‘Whether you consider it is the duty of our fellow citizens to read the 599 pages of the Withdrawal Agreement before expressing an opinion on Brexit, it is certainly the duty of any lawyer entering the fray.’
Doughty Street Chambers, 27th November 2018
Source: insights.doughtystreet.co.uk
‘Ending the jurisdiction of the CJEU over the UK is one of the highest-profile ‘red lines’ drawn by Theresa May and emphasised since the Brexit vote in June 2016, under the mantra of “taking back control of our laws”. Since the notion of a two-year transition period was introduced into negotiations between the UK and the EU, it became clear to most that this red line would be crossed for this period at the very least. It may be that the draft Withdrawal Agreement’s arbitration clause is the escape mechanism by which the UK can avoid the jurisdiction of the CJEU and gain a political win, but it might represent a red line crossed for the CJEU itself.’
4 New Square, 22nd November 2018
Source: www.4newsquare.com
‘David Wolchover explains exactly why Article 50 can be unilaterally rescinded.’
New Law Journal, 5th December 2018
Source: www.newlawjournal.co.uk
‘Several countries have moved to amend their arbitration legislation, but the UK is yet to modernise its 1996 Arbitration Act, CDR explores what these provisions could look like and whether the market wants it.’
4 New Square, 12th November 2018
Source: www.4newsquare.com
‘Following a day long oral hearing the High Court has dismissed a wide-ranging crowd-funded claim for judicial review which sought to challenge the outcome of the EU Referendum, the giving of Article 50 notification to leave the EU and the alleged subsequent inaction of the Prime Minister in the face of the Electoral Commission’s findings of breaches of campaign finance and other requirements by Vote Leave and other leave campaigners during the 2016 EU Referendum campaign.’
11 KBW, 10th December 2018
Source: www.11kbw.com
‘The draft Withdrawal Agreement between the United Kingdom and the European Union was approved by the UK Cabinet on Wednesday 14 November 2018.’
4 New Square, 16th November 2018
Source: www.4newsquare.com
‘Only European Economic Area (EEA) citizens already resident in the UK by 29 March 2019 would be entitled to apply for the UK’s settlement scheme in the event of a ‘no deal’ Brexit, according to a new policy paper published by the government.’
OUT-LAW.com, 10th December 2018
Source: www.out-law.com
‘Ahead of the planned parliamentary vote on the UK / EU Withdrawal Agreement, many EU nationals remain concerned about their future status in the UK, particularly in the event of a no-deal Brexit. So what do we know at this stage?’
Technology Law Update, 10th December 2018
Source: www.technology-law-blog.co.uk
‘Today the Court of Justice of the European Union delivered its judgment in Wightman. This followed the opinion of Advocate General Campos Sánchez-Bordona, concluding that the UK may unilaterally revoke its notification of its intention to leave the EU. In a similar manner to the AG, the CJEU placed conditions on this unilateral revocation. A formal process would be needed to notify the European Council of the UK’s intention to revoke article 50. Such notice of revocation would have to be unequivocal and unconditional (para 74), and, importantly, ‘in accordance with the constitutional requirements of the Member State’, in this case, the UK, and following a ‘democratic process’ (para 66). It would also have to take place before the end of the Article 50 negotiation period, or any agreed extension, and before a Withdrawal Agreement between the exiting state and the EU had been ‘concluded’ – i.e. entered into force (para 73). In addition, the AG’s opinion was that any revocation would have to be in ‘good faith’ and in line with the requirement of ‘sincere cooperation’ between the Member State and the EU and. Further, although not required, it would be reasonable for the Member State to provide its reasons for revoking the Article 50 notification.’
UK Constitutional Law Association, December 2018
Source: ukconstitutionallaw.org
‘The UK can unilaterally stop the Brexit process, the European court of justice has said in a ruling that will boost demands for a second EU referendum.’
The Guardian, 10th December 2018
Source: www.theguardian.com
‘Legal advice on the Brexit deal, published reluctantly after MPs found the government in contempt of parliament, warns the terms of the Irish backstop could trap the UK in “protracted and repeated rounds of negotiations” in the years ahead.’
The Guardian, 5th December 2018
Source: www.theguardian.com
‘Backbench MPs led by Dominic Grieve have inflicted a humiliating defeat on the government, in an effort to ensure parliament can seize control of what happens in the crucial days after Theresa May’s Brexit deal is voted on.’
The Guardian, 4th December 2018
Source: www.theguardian.com
‘The UK should be able to unilaterally cancel its withdrawal from the EU, according to a top European law officer. The non-binding opinion was delivered by the European Court of Justice’s advocate general.’
BBC News, 4th December 2018
Source: www.bbc.co.uk
‘A host of top law firms, chambers, representative bodies and others are joining forces to launch London International Disputes Week (LIDW) next year.’
Litigation Futures, 3rd December 2018
Source: www.litigationfutures.com
‘Speech by Lord Chancellor of the High Court: The City UK Launch.’
Courts and Tribunals Judiciary, 30th November 2018
Source: www.judiciary.uk
‘Courts in England and Wales are suffering from decades of neglect and need an injection of hundreds of millions of pounds for repairs, the lord chief justice has told MPs.’
The Guardian, 20th November 2018
Source: www.theguardian.com
‘The supreme court has dismissed an attempt by the Brexit secretary to derail a European court hearing into whether article 50 – which triggered the UK’s departure from the EU – could be reversed.’
The Guardian, 20th November 2018
Source: www.theguardian.com
‘This short update focuses on October’s key legal developments, which this month include environmental permit breaches for Healthcare Environmental Services Ltd concerning the treatment of clinical waste, classifying, labelling and packaging of chemicals post-Brexit, and the government’s request for guidance from the Committee on Climate Change on how to move to zero emissions of greenhouse gases.’
Six Pump Court, 26th October 2018
Source: www.6pumpcourt.co.uk
© Inner Temple Library 2024