Taking CJEU decisions ‘into account’ post-Brexit
The new President of the UK’s Supreme Court, Lady Hale, has sought clearer guidance from Parliament as to the extent to which UK courts should have regard to decisions of the CJEU post-Brexit.
Brexit negotiations continue
The fourth round of Brexit negotiations has taken place between the EU and the UK. The latest talks followed Theresa May’s Florence speech, which she had hoped would provide impetus to the negotiations.
Decoding the Government’s Plan for Brexit: Judicial Cooperation – Part 2
The future role of the CJEU is one of the most intractable problems in the Brexit negotiation.
Theresa May delivers Brexit speech in Florence
Theresa May has today delivered an important speech on Brexit. Following limited progress, the Prime Minister’s speech marks an attempt to try to break the deadlock in negotiations between the UK and the EU.
Decoding the Government’s Plan for Brexit: Judicial Cooperation – Part 1
The UK Government’s Future Partnership Paper on Providing a cross-border civil judicial cooperation framework contains little to disagree with.
UK data protection after Brexit – UK Government statement of intent contains few surprises
On the August 7, the UK’s Government Department for Digital, Culture, Media and Sport issued a Statement of Intent outlining its planned reforms of the UK’s data protection laws.
Brexit, the European Common Aviation Area (ECAA) and the Court of Justice of the European Union (CJEU)
One of the outcomes that the UK Government has repeatedly insisted needs to be a consequence of the Brexit negotiations is that they will bring an end to the jurisdiction of the CJEU in the UK.
UK Government’s future partnership paper on enforcement and dispute resolution mechanisms for UK-EU agreements
The UK Government has published its future partnership paper on post-Brexit options for enforcement and dispute resolution for UK-EU agreements.
UK Government’s future partnership paper on cross-border civil judicial cooperation with the EU
The UK Government published yesterday its future partnership paper on cross-border civil judicial cooperation with the EU after Brexit.
Legal implications of Brexit: Customs Union, Internal Market Acquis for Goods and Services, Consumer Protection Law, Public Procurement
A policy department of the European Parliament has published a study on the legal implications of Brexit.
The European Union (Withdrawal) Bill: a focus on devolution
Among the various issues addressed by the Government’s European Union (Withdrawal) Bill, one that has generated considerable publicity is how Brexit will impact on devolved powers.
The European Union (Withdrawal) Bill: UK courts will continue to be subject to supremacy of CJEU after Brexit
The European Union (Withdrawal) Bill (the “Repeal Bill”) sets out, among other things, the future relationship between courts in the United Kingdom and EU law, including EU court decisions.
The European Union (Withdrawal) Bill is published: a focus on delegated powers
The Government has published its widely-publicised Repeal Bill, now titled the European Union (Withdrawal) Bill, to address the impact of Brexit EU-derived laws in the UK.
Theresa May sets out her offer for the rights of EU citizens after Brexit
Until the UK withdraws from the EU, EU law will continue to apply and so the rights of EU citizens and their family members to live and work in the UK remain unchanged.
The Queen’s Speech sets out proposals for Brexit-related legislation
On June 21, the Queen's Speech was delivered setting out the Government’s proposed legislative programme following the recent UK General Election.
Brexit negotiations begin
Monday January 19 marked the official start of negotiations to determine the terms for UK’s departure from the EU.
The UK General Election result – implications for Brexit
The result of the UK General Election has given rise to an additional layer of complexity for the forthcoming Brexit negotiations.
How the UK might amend its legal system to take account of Brexit: can historic examples of when a state has left a larger union or federation provide clues as to how Brexit might be achieved?
Following the result of the EU referendum, press coverage made much of the level of work that will be needed by the UK to extricate itself from the EU.
Article 50 challenge in the Irish court abandoned
A claim brought in the Irish High Court to determine whether the Article 50 process can be reversed has been abandoned.
CJEU rules on EU’s proposed free trade agreement with Singapore and the possible implications for Brexit
The Court of Justice of the European Union (CJEU) has decided that the free trade agreement agreed by the EU with the Republic of Singapore (the EUSFTA) is a mixed agreement and will therefore need to be signed
European Commission publishes proposals for negotiation of withdrawal agreement
On 3 May 2017, the European Commission published its recommendations for negotiation of the UK’s withdrawal from the EU.
We have recorded a webinar covering the Article 50 notification letter and its implications for the forthcoming Brexit negotiations and the Great Repeal Bill White Paper.
European Parliament agrees motion on Brexit negotiations
The European Parliament has agreed a motion setting out its position in relation to the forthcoming Brexit negotiations.
EU Council issues Draft Negotiating Guidelines
Following the delivery on March 29 by the UK to the European Council of notice of its intention to withdraw from the EU, the EU Council has published its draft guidelines for the following.
The Great Repeal Bill White Paper
The Government has today published its White Paper on its proposed “Great Repeal Bill”.
The UK invokes Article 50
The UK Government has today formally given notice of the UK’s intention to leave the EU in accordance with Article 50(2) of the Treaty on European Union.
Article 50 Bill passed by Parliament
Last night, the UK Parliament passed the the European Union (Notification of Withdrawal) Bill, authorising the Government to trigger Article 50.
House of Commons passes Article 50 Bill
On Wednesday night, the House of Commons voted in favour of the European Union (Notification of Withdrawal) Bill at its third reading.
Court dismisses legal challenge to EEA withdrawal
The High Court has dismissed a legal challenge regarding the question of the UK’s anticipated departure from the single market and European Economic Area (EEA).
The Article 50 Bill and the Government’s Brexit White Paper
Following the recent Supreme Court decision, the Government published the European Union (Notification of Withdrawal) Bill, which, if passed by Parliament, will provide the required authorisation.
What kind of transitional arrangement might work for Brexit?
The Prime Minister stated in her Brexit speech on January 17 that the UK will work to negotiate a bespoke Free Trade Agreement (FTA) with the EU.
The Supreme Court rules on Article 50
The Supreme Court has handed down judgment in the UK Government’s appeal against the earlier decision of the High Court that parliamentary approval is needed to give notice under Article 50.
Theresa May sets out Brexit vision
Yesterday, the Prime Minister, Theresa May, delivered a much anticipated speech setting out the UK Government’s priorities for Brexit.
Scotland’s place in Europe
The Scottish Government has published a paper, Scotland’s Place in Europe. In this paper the Scottish Government sets out its position following the result of the UK’s referendum on the EU.
The road to Brexit – is the timetable becoming clearer?
Last week, the Supreme Court heard the Government’s appeal from the High Court’s recent decision that Article 50 cannot be triggered without Parliamentary approval.
Article 50 appeal heads to the Supreme Court – and a new challenge on the horizon
The hearing of the UK Government’s appeal against the High Court’s recent decision that Article 50 cannot be triggered without Parliamentary approval is due to commence on December 5.
High Court rules on Article 50 challenge
The High Court has ruled that Article 50 cannot be triggered by the UK Government without the approval of Parliament.
Brexit, choice of law, jurisdiction and enforcement
Charlotte Winter, a Partner in our London office and Professor Harris QC, a barrister practising at Serle Court chambers discuss the impact of Brexit on choice of law, jurisdiction and enforcement.
What should be the constitutional role of Parliament in the Brexit process?
This is the question that has been central to debates in the House of Commons over the past week and to the legal challenge currently before the High Court.
The Great Repeal Bill
After three months of speculation over how and when Brexit will be achieved, there have recently been two important announcements by Theresa May.
Enforcement of judgments across the EU after Brexit
Enforcement of judgments from civil and commercial claims, a key plank of international trade, is governed by the recast Brussels Regulation.
Service of process in the EU after Brexit
For many years, parties across the EU have regularly chosen the English courts to resolve international disputes.
Clarity on the constitutional debate around Article 50 and the role of Parliament?
The House of Lords Constitution Committee has published a report this week looking at the role the UK Government and Parliament should each play in the triggering of Article 50 of the Treaty on European Union.
Will English exclusive jurisdiction clauses work after Brexit?
Exclusive jurisdiction clauses are key to effective cross-border trade.
The EU referendum result – a moment to reflect two months on
The first two months following the UK’s vote to leave the EU have seen any initial shock at the referendum result largely give way to a period of relative calm.
Article 50 – A tricky timeline
Much has been written about how the giving of notice by the UK under Article 50 of the Treaty on European Union will trigger a two year guillotine period leading to its withdrawal.
Direct effect and direct applicability: what do they really mean?
Since Brexit, the EU law terms ‘direct effect’ and ‘direct applicability’ have at times been conflated. However, they have distinct meanings which should be clarified.
EU-derived laws after Brexit: Focusing on the CRR and CRD IV
Could Scotland block Brexit?
Following calls for a further referendum on Scottish independence in light of the vote to leave the European Union, a question has arisen as to whether the Scottish Parliament could block the UK’s departure.
What is the constitutional debate about notice?
What happens next?
Following a vote to leave and in order to start the formal legal process the UK government will need to notify the European Council of the UK’s intention to withdraw from the EU.