Subscribe to General RSS Feed

An EU Analysis of Brexit

The EU-27 member states have been very carefully observing the UK domestic political manoeuvering and posturing this year. The predominant view in the EU-27 is that a managed “deal” scenario is far more preferable to a potentially chaotic “no-deal”. At the same time, precautions have been taken to prepare for a “no-deal” scenario. The EU-27 … Continue Reading

A Glimpse of the Mood in UK Politics

The mood in the Conservative Party is bleak. Many of the political challenges with Brexit can be traced back to the 2017 election. Prime Minister Theresa May lost her majority and was only able to retain power by making a deal with the Democratic Unionist Party (DUP) from Northern Ireland. The arithmetic in Parliament is … Continue Reading

Brexit: What Are the Options for the UK Now?

Procedurally, the UK has three options: Ratify the Withdrawal Agreement (with possible accompanying changes to the Political Declaration on the future relationship with the EU) before 22 May, and cancel participation in the European Parliament elections Ratify the Withdrawal Agreement (with possible accompanying changes to the Political Declaration on the future relationship with the EU) … Continue Reading

Is your business prepared for “no deal”?

With continuing uncertainty, there is still a lack of clarity on what the final Brexit arrangements will look like. Many companies have been planning for the implications of Brexit for some time, whereas some still need to consider how Brexit may affect their operations. Both the UK government and the EU are encouraging businesses to … Continue Reading

Minority Report

It is fair to say, this is not the result that many were expecting. Theresa May’s Conservatives, who anticipated an increased number of seats throughout the General Election campaign, find themselves the largest party in Parliament, but without an overall majority. At the time of writing, it appears that the Conservatives have struck a non-formal deal … Continue Reading

50 Sent

If a couple had conceived on the evening of the Brexit referendum, there is a reasonable chance that the baby would be born on 29 March, the date on which the Prime Minister will finally trigger Article 50 and send notice to the European Council.  The Brexit gestation period from 23 June 2016 has not … Continue Reading

UK Government Forced to Take Brexit to Parliament

By judgment of 24 January 2017, the Supreme Court has dismissed the government’s appeal against the Divisional Court’s judgment in R (on the application of Miller & Dos Santos) v Secretary of State for Exiting the European Union. The court has held that parliamentary authority in the form of an Act of Parliament is required … Continue Reading

Brexit means…..?

The High Court gave its judgment in the Article 50 judicial review proceedings on 3 November 2016.  The Court decided the UK Government does not have the power under the Crown’s prerogative to give notice pursuant to Article 50 for the UK to withdraw from the European Union.  The Government has confirmed its intention to … Continue Reading

Brexit, Exit from Brexit and the loss of British Privileges as a legal consequence

In the wake of the impending Brexit declaration pursuant to Article 50 of the Treaty on European Union (TEU) there have been extensive discussions as to whether any Brexit notice could itself be withdrawn during the two year notice period.  This question has been identified as a crucial issue by the Lord Chief Justice during … Continue Reading

Parliament must vote on whether the UK can start the process of leaving the European Union, the High Court has ruled

This means the government cannot trigger Article 50 of the Lisbon Treaty – beginning formal discussions with the EU – on its own. Theresa May says the Brexit referendum and ministerial powers mean MP’s do not need to vote, but campaigners argue this is unconstitutional. The government is expected to appeal. The prime minister has … Continue Reading

Britain and the EU: Manufacturing an Orderly Exit

Brexit must be carefully-engineered to safeguard industry and secure new trade opportunities.  This report points to new findings showing that just 5% of British adults think that loss or damage to the UK manufacturing sector is a price worth paying for leaving the EU. And, while acknowledging that the Government faces a difficult balancing act … Continue Reading

House of Commons holds second EU Referendum Debate

When the UK voted in the Referendum on 23 June 2016 whether to remain or leave the European Union, the majority voted in favour of leaving. This was only the third UK-wide referendum ever held. They are rare because the UK relies upon the principle of Parliamentary sovereignty. However, the UK Government have instituted a … Continue Reading

Brexit: EU and UK Constitutional Requirements

In its Opinion 1/91 of 14 December 1991 on the Treaty establishing the European Economic Area the European Court of Justice (“Court of Justice”) held that the EEC-Treaty, albeit concluded in the form of an international agreement, none the less constitutes the constitutional charter of a Community based on the rule of law. Accordingly, Article … Continue Reading

Brexit – What You Need to Know About the Legal Consequences for your Enterprise

We recently presented to the Association of Corporate Counsel (‘ACC’), Washington DC about: the timing and procedure of the withdrawal, and the negotiation of the future relationship between the UK and the EU; the consequences for UK and US companies arising from the end of the application of EU Freedoms, Mutual Recognition, Passports and other … Continue Reading

Brexit – A View From Asia Pacific

A less publicised aspect of Britain’s potential exit from the European Union is the impact on the Asia Pacific region. Leaving the escalating political and media debate aside, as the 23 June 2016 referendum rapidly approaches we examine the potential implications for Asia Pacific should a “leave” vote succeed. From a regulatory perspective, the potential … Continue Reading

Brexit: Connecting Business to Law and Policy.

The UK’s EU Referendum on membership takes place on 23 June 2016 when the British electorate will decide on whether the United Kingdom (UK) will remain a member of the European Union (EU) or leave the EU. Regardless of one’s personal position on the referendum, corporates, banks, insurance companies, financial services institutions and other enterprises … Continue Reading