Brexit

Westminster Watch

Six months on from the ‘quiet revolution’, Theresa May’s vision for post-Brexit Britain is becoming clearer. Mark Hatcher examines the Prime Minister’s domestic agenda

A little over six months after she was appointed Prime Minister last July, and barely eight weeks before the government formally invokes Art 50 of the Lisbon Treaty, Theresa May’s vision for post-Brexit Britain is becoming clearer. 

read more

Economic sanctions

From ‘smart’ sanctions to judicial review, closed hearings to the Brexit/Trump effect, Maya Lester QC briefs readers on the varied legal issues surrounding the foreign policy tool of choice: economic sanctions

Economic sanctions have been a foreign policy tool of choice for some time. 

read more

Bar Brexit Papers

A Bar Council working party has published a briefing to help the government get the ‘best deal possible for Britain’.

In an introduction to the paper from a group led by Hugh Mercer QC, the former Bar Chairman, Chantal-Aimée Doerries QC, said Brexit was the most ‘profound legal and constitutional challenge’ for the government to grapple with in living memory.

The paper identified key legal issues to be addressed to minimise the risk of legal uncertainty, the loss of rights, and possible adverse consequences to the national economy, and capitalises on the opportunities for post-Brexit global Britain.

It covers cross-country cooperation for the speedy arrest of suspects, child protection across the EU, ensuring firms can compete and trade profitably, changes to intellectual property law, and maintaining consumer protection and human rights.

read more

The Bar’s Brexit blogs

Following the capsizing uncertainty generated by Brexit, the general public and businesses are increasingly looking for answers. No surprise, then, that the Bar has become a rich source of reliable and politically neutral information on a wide range of complex legal issues, deciphering events as they happen. Counsel brings you the cream of the Brexit Bar blog crop

read more

Miller and the duties of the LC

Sir Jeffrey Jowell QC asks whether the Lord Chancellor should have acted to stem the misleading and inflammatory media allegations which continue in the wake of the Miller case

Visitors from abroad have always been mystified by our uncodified constitution. 

read more

Interveners join Brexit challenge

The Supreme Court has allowed five groups to intervene when its 11 justices hear the government’s Brexit appeal.

Applications were granted to the Scottish and Welsh governments, a group of ex-patriots, the Independent Workers Union of Great Britain and Lawyers for Britain – a group of lawyers led by Martin Howe QC, of London’s 8 New Square Chambers.

Lawyers for the pro-single market think tank, British Influence, may mount a separate challenge over whether the UK stays inside the single market after Brexit.

Meanwhile, the Deputy President of the Supreme Court, Lady Hale, prompted debate following comments in a speech to lawyers in Kuala Lumpar. She said that the referendum result was not legally binding – a fact on which all parties to the case agree.

read more

Westminster Watch

In this ‘post-truth’ age, Mark Hatcher looks back at the seismic events of 2016 and what will dominate Westminster politics in 2017 – is change in the air? 

2016 will be remembered for two seismic events which have rocked the political classes on both sides of the Atlantic: the decision of the UK to withdraw from the EU and the election of Donald Trump as President of the United States. 

read more

Brexit’s Gordian Knot

Deciding how we Brexit is not within the government's gift, argues Dominic Grieve QC MP. No Parliament worth its name can abandon input into the biggest and most complex constitutional change in modern times. Discussion is vital

read more

Brave new world

How will losing passporting rights affect the UK’s financial services sector? Saima Hanif argues that the equivalence regime is not a satisfactory alternative

As the President of the European Council Donald Tusk remarked, in response to comments from Boris Johnson that the UK could have its cake and eat it by keeping single market access without accepting free movement of persons: ‘There will be no cakes on the table, for anyone. There will be only salt and vinegar…’

read more

Brexit in court

Professor Michael Zander QC assesses the High Court decision and predicts the government is likely to lose its appeal to the Supreme Court

Asked on the day for a first assessment of the decision I wrote: ‘The Divisional Court’s unanimous decision is very clear and very strong. 

read more