Brexit & currency flip-flops in court – New Law Journal
‘Francis Kendall considers the impact of the falling pound on costs awards to European litigants.’
New Law Journal, 16th February 2017
Source: www.newlawjournal.co.uk
Category: brexit
Post-Brexit on the pistes: winter sports and EU law – Law Society’s Gazette
‘Accident victims may struggle to get recompense if access to joined-up European laws is lost when the UK leaves the EU.’
Law Society’s Gazette, 14th February 2017
Source: www.lawgazette.co.uk
“Our legal services will stay on top”, minister declares in face of growing threat of competition post-Brexit – Legal Futures
‘Justice minister Sir Oliver Heald has struck a bullish tone of defiance in response to concerns that Germany and the Netherlands are creating English-language commercial courts to compete with the UK for disputes post Brexit.’
Legal Futures, 13th February 2017
Source: www.legalfutures.co.uk
Tobias Lock and Tom Gerald Daly: Brexit and the British Bill of Rights: Capturing Constitutional Complexity – UK Constitutional Law Association
‘Euroscepticism – usually framed as an argument from national sovereignty – was an important driving force behind Brexit, but also serves as a key motivator behind efforts to reform domestic human rights law. Calls to ‘scrap the Human Rights Act’ (HRA) and to replace it with a British Bill of Rights (BBR) are usually accompanied by calls to curtail the power of the European Court of Human Rights and to make British judges the ultimate arbiter in human rights matters (again). The connections between Brexit and human rights reform are not confined to these common ideological roots, however. Brexit has profound consequences for human rights reform in both substantive and procedural terms. These are the findings of a new research paper edited by the authors of this blog post and based on the proceedings of a workshop held at Edinburgh Law School in the autumn of last year.’
UK Constitutional Law Association, 13th February 2017
Source: www.ukconstitutionallaw.org
Brexit and implications for UK Merger Control – Part 2/3: Implications for the CMA’s workload and what not to do – Competition Bulletin from Blackstone Chambers
‘The Competition Bulletin is pleased to welcome the second in a three-part series of blogs on Brexit and merger control by Ben Forbes and Mat Hughes of AlixPartners. Ben and Mat are (with others) co-authors of the new Sweet & Maxwell book, “UK Merger Control: Law and Practice”.’
Competition Bulletin from Blackstone Chambers, 10th February 2017
Source: www.competitionbulletin.com
UK must remain under EU law during Brexit transition, diplomats say – The Guardian
‘EU diplomats have warned the Foreign Office that the UK will not be able to leave the jurisdiction of the European court of justice (ECJ) if there is to be a transition period while details of Brexit are negotiated.’
The Guardian, 3rd February 2017
Source: www.guardian.co.uk
Fresh Brexit legal challenge blocked by high court – The Guardian
‘Two senior judges have blocked a legal challenge to the government’s strategy for leaving the single market and the European Economic Area.’
The Guardian, 3rd February 2017
Source: www.guardian.co.uk
Brexit white paper spells out need for new immigration laws – The Guardian
‘David Davis failed to placate Conservative rebels concerned about the status of European Union migrants and other Brexit details, despite publishing a 77-page white paper setting out the government’s plans for leaving the EU.’
The Guardian, 2nd February 2017
Source: www.guardian.co.uk
Brexit and muddled thinking – OUP Blog
‘When Sir Ivan Rogers stepped down in January as the UK’s top official in Brussels, he urged his colleagues to “continue to challenge ill-founded arguments and muddled thinking” and not to be afraid “to speak the truth to those in power.” The implication was clear. The government’s Brexit preparations displayed all these failings but the politicians responsible did not like having this pointed out.’
OUP Blog, 3rd February 2017
Source: www.blog.oup.com
Campaigners launch fresh Brexit legal challenge over single market – The Guardian
‘The government’s Brexit strategy faces a fresh legal challenge in the high court on Friday when campaigners argue that parliament must separately legislate to remove the UK from the European Economic Area (EEA) and the single market.’
The Guardian, 3rd February 2017
Source: www.guardian.co.uk
Brexit free movement restrictions would ruin Britain’s £26bn legal services industry, country’s top lawyers warn – The Independent
‘Britain’s £26bn legal industry is under threat from post-Brexit restrictions to freedom of movement and exit from the single market, the country’s top lawyers have warned. MPs on the Justice Select Committee, who are gathering evidence on the impact of leaving the EU, were told that there would be little left to “salvage” of the successful industry if lawyers were stripped of free movement and lost the right to practise in the EU because of differing regulations.’
The Independent, 1st February 2017
Source: www.independent.co.uk
Brexit plan to be published in government White Paper – BBC News
‘The government’s Brexit strategy will come under scrutiny when an official policy document setting out its plans is published later.’
BBC News, 2nd February 2017
Source: www.bbc.co.uk
BREXIT: FCA head asks for EU access for banks that conform to ‘global standards’ – OUT-LAW.com
‘Access to the EU’s financial markets should be based on common recognition of global standards instead of the current “granular, technical and detailed” legislation, the head of the UK’s Financial Conduct Authority (FCA) has said.’
OUT-LAW.com, 30th January 2017
Source: www.out-law.com
Oliver Garner: Conditional Primacy of EU Law: The United Kingdom Supreme Court’s Own “Solange (so long as)” Doctrine? – UK Constitutional Law Association
‘In circumstances of “normal” membership of the European Union, the UK Supreme Court’s dicta in the Miller judgment that EU law is an “independent and overriding source of domestic law” [Paragraph 65] may well have caused a constitutional storm. In the current unprecedented tempest of Brexit, however, Lord Neuberger’s announcement of this statement passed as little more than a side-wind. This short post will briefly turn the magnifying glass on this judicial formulation, which will be labelled the “conditional primacy” of EU law within the United Kingdom’s domestic constitutional order.
UK Constitutional Law Association, January 2017
Source: www.ukconstitutionallaw.org
Inquiry launched into UK gender laws amid fears over Brexit effect – The Guardian
‘A major review into the UK’s gender discrimination laws is to be launched amid fears a potential post-Brexit move towards a lower regulation economy could see protections eroded.’
The Guardian, 30th January 2017
Source: www.guardian.co.uk
R (on the application of Miller and another) v Secretary of State for Exiting the European Union – Blackstone Chambers
‘Following one of the most constitutionally significant legal challenges in a generation, the Supreme Court today handed down its judgment in the Article 50 Brexit appeal. By a majority of eight to three, the Justices held that the UK could not trigger Article 50 without an Act of Parliament. The Court also ruled that the UK Government was not compelled to consult the devolved institutions or obtain their approval to withdraw.’
Blackstone Chambers, 24th January 2017
Source: www.blackstonechambers.com
Brexit judgment: oil and water don’t mix – Law Society’s Gazette
‘Politics and the law were kept well apart in the Supreme Court’s adroit and erudite judgment in Miller.’
Law Society’s Gazette, 26th January 2017
Source: www.lawgazette.co.uk
Brexit phrases explained without the jargon – BBC News
‘Explaining some of the key buzzwords being used in the debate about the UK leaving the EU, with Daily Politics reporter Adam Fleming who knows a single market from a customs union.’
BBC News, 26th January 2017
Source: www.bbc.co.uk
The supreme court Brexit judgment isn’t a victory for me, but for our constitution – The Guardian
‘An overriding principle of British law is that parliament is sovereign – and we should be grateful to the judges, in the face of huge pressure, for upholding it.’
The Guardian, 24th January 2017
Source: www.guardian.co.uk
Brexit and implications for UK Merger Control – Part 1/3: Should UK merger control filings be mandatory? – Competition Bulletin from Blackstone Chambers
‘The Competition Bulletin is pleased to welcome the first in a three-part series of blogs on Brexit and merger control by Ben Forbes and Mat Hughes of AlixPartners.’
Competition Bulletin from Blackstone Chambers, 23rd January 2017
Source: www.competitionbulletin.com
