Rachel Jones: The Importance of Silences in the “Brexit” Appeals – UK Constitutional Law Association

‘Statutory silences are crucial to both sides. For Ms Miller, Lord Pannick contends that Parliament’s silence in the EU Referendum Act 2015 means that the Executive is not empowered to start the Article 50 process. Mr Eadie for the Government relies on the same silence for the diametrically opposed position.’

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UL Constitutional Law Association, 7th December 2016

Source: www.ukconstitutionallaw.org

Theresa May faces new Brexit legal challenge – Daily Telegraph

Posted December 12th, 2016 in brexit, constitutional law, EC law, judicial review, news, Supreme Court, treaties, veto by sally

‘Theresa May faces a new challenge to her bid to start the process to take Britain out of the European Union after it emerged that opponents plan to launch a fresh legal action on Monday.’

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Daily Telegraph, 11th December 2016

Source: www.telegraph.co.uk

Supreme court Brexit hearing: 10 things we learned – The Guardian

‘From the royal prerogative and Henry VIII clause to what makes lawyers laugh – and how to interpret a judge’s choice of tie.’

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The Guardian, 8th December 2016

Source: www.guardian.co.uk

Royal prerogative takes centre stage as supreme court Brexit case opens – The Guardian

‘Theresa May’s plan to implement Brexit without the authorisation of a vote in parliament would be “a contemporary necessity” rather than a misuse of outdated ancient royal powers, the attorney general said at the start of the most keenly awaited constitutional law case in recent memory.’

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The Guardian, 5th December 2016

Source: www.guardian.co.uk

Everything you need to know about the Supreme Court judgment on Brexit – The Independent

Posted December 5th, 2016 in brexit, EC law, news, parliament, prerogative powers, referendums, Supreme Court, treaties by sally

‘The Government’s challenge against the High Court ruling that parliamentary approval is required to start the process of leaving the European Union will be hard tomorrow.’

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The Independent, 4th December 2016

Source: www.independent.co.uk

The judges protect us. It’s time to stand up for them – The Guardian

‘Brexiteers and their media allies have declared war on our judiciary. On behalf of the people, the supreme court must push back.’

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The Guardian, 5th December 2016

Source: www.guardian.co.uk

Senior judges prepare to hear Brexit supreme court appeal – The Guardian

Posted December 5th, 2016 in brexit, EC law, news, parliament, prerogative powers, referendums, Supreme Court, treaties by sally

‘All 11 of the UK’s most senior judges will take their seats on the supreme court bench on Monday to decide whether parliament or the government has the authority to trigger Brexit.’

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The Guardian, 5th December 2016

Source: www.guardian.co.uk

Art 50: the clash of the Brexit case arguments – New Law Journal

‘Michael Zander QC reviews the written cases of the government & the lead claimants in next week’s Supreme Court hearing.’

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New Law Journal, 1st December 2016

Source: www.newlawjournal.co.uk

Competition Law claims post-Brexit: the issue of applicable law – Blackstone Chambers

Posted December 1st, 2016 in brexit, competition, EC law, news, treaties by sally

‘Once notification is given by the UK Government of its intention to withdraw from the European Union under Article 50 TFEU, EU law will cease to apply in the UK after the expiry of two years (absent an agreement between all 28 Member States extending the relevant period). What then happens to the UK’s competition law regime, which is closely intertwined with EU law, both substantively and procedurally?’

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Blackstone Chambers, 22nd November 2016

Source: www.blackstonechambers.com

Islands of jurisdiction for competition damages claims in a post-Brexit world – Blackstone Chambers

Posted December 1st, 2016 in brexit, competition, damages, EC law, jurisdiction, news, treaties by sally

‘When the UK leaves the EU, the rules governing jurisdiction in cross-border competition damages claims will likely change. Most immediately, this will impact those who had acquired pre-Brexit causes of action for breach of statutory duty under section 2(1) of the European Communities Act 1972, based on Articles 101 and Articles 102 TFEU. The doctrine of acquired rights would preserve such causes of action;[1] but it is unlikely to preserve EU rules of jurisdiction in relation to them. Thereafter, the changes will impact those able to establish post-Brexit causes of action based on foreign laws, as Kieron Beal QC has explained. In either case, Claimants may wish to establish English jurisdiction, including as against EU domiciled defendants. This post considers some of the issues likely to be encountered.’

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Blackstone Chambers, 22nd November 2016

Source: www.blackstonechambers.com

What is Article 127 – and why could it be central to Brexit? – Daily Telegraph

Posted November 29th, 2016 in brexit, EC law, news, parliament, referendums, treaties by sally

‘Theresa May has claimed that the Government’s plans for Brexit are “on track”.’

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Daily Telegraph, 28th November 2016

Source: www.telegraph.co.uk

Brexit: Legal battle over UK’s single market membership – BBC News

Posted November 29th, 2016 in appeals, brexit, EC law, export controls, news, referendums, Supreme Court, treaties by sally

‘The government is facing a legal battle over whether the UK stays inside the single market after it has left the EU, the BBC has learned.’

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BBC News, 28th November 2016

Source: www.bbc.co.uk

Attacks on Brexit judges are bad for democracy, says former law lord – The Guardian

Posted November 29th, 2016 in brexit, EC law, freedom of expression, judges, judiciary, news, referendums, speeches by sally

‘Harsh personal attacks on judges are bad for democracy and in danger of diminishing the independence of the judiciary, the former deputy president of the supreme court has warned.’

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The Guardian, 28th November 2016

Source: www.guardian.co.uk

UK government faces legal challenge over single market – The Guardian

Posted November 28th, 2016 in brexit, EC law, judicial review, markets, news, referendums by tracey

‘Theresa May’s government is facing a fresh legal challenge over whether it should seek to retain membership of the single market after Brexit. Lawyers will argue that June’s referendum asked the public a single question over whether the UK should leave the EU, and did not delve into the more complex issue of economic access.’

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The Guardian, 28th November 2016

Source: www.guardian.co.uk

Supreme Court’s most senior judge urged to stand down from Article 50 legal hearing over wife’s anti-Brexit Twitter posts – Daily Telegraph

Posted November 21st, 2016 in brexit, conflict of interest, EC law, judges, news, recusal, referendums, Supreme Court, treaties by sally

‘The Supreme Court’s most senior judge has been urged to stand down from a crucial legal hearing on Britain’s withdrawal from the European Union after it emerged his wife had posted a series of anti-Brexit tweets.’

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Daily Telegraph, 18th November 2016

Source: www.telegraph.co.uk

Theresa May refuses to say she will defend judges from press attacks ahead of Brexit judgment

Posted November 17th, 2016 in appeals, brexit, EC law, judiciary, media, news, parliament, referendums, Supreme Court by sally

‘Theresa May has refused to say she will defend judges from attacks in the press ahead of a vital judgment on the legal details of of Brexit.’

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The Independent, 16th November 2016

Source: www.independent.co.uk

BREXIT: Hard Brexit will bring £1.2 billion hit to British importers, says study – OUT-LAW.com

Posted November 16th, 2016 in agreements, brexit, competition, EC law, international trade, news, reports, treaties by sally

‘Losing access to the EU’s trade agreements would cost UK importers an extra £1.2 billion a year, according to research conducted on behalf of the Open Britain campaign.’

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OUT-LAW.com, 15th November 2016

Source: www.out-law.com

The Brexit Article 50 Ruling In Plain English – RightsInfo

Posted November 16th, 2016 in appeals, brexit, EC law, news, parliament, royal prerogative, Supreme Court, treaties by sally

‘The High Court has ruled that the UK Government cannot legally begin the process of leaving the EU without first consulting Parliament. What does the decision mean for our rights and what happens next?’

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RightsInfo, 11th November 2016

Source: www.rightsinfo.org

Supreme court judge hints at legal hitch that could seriously delay Brexit process – The Guardian

Posted November 16th, 2016 in brexit, EC law, judges, legislation, news, parliament, referendums, speeches, treaties by sally

‘A supreme court judge has raised the prospect that Theresa May would have to comprehensively replace existing EU legislation before the government could even begin Brexit, in a move that could seriously delay the process.’

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The Guardian, 16th November 2016

Source: www.guardian.co.uk

Keith Ewing: A Review of the Miller Decision – UK Constitutional Law Association

‘Shortly after the referendum on 23 June, demands were made that continuing EU membership should now be considered by Parliament, with a view it seems to stop BREXIT happening, and to frustrate the will of the 17 million who voted to leave. Indeed, the Guardian carried an article only five days later on ‘How we can stop Brexit – lobby our MPs’ (29 June 2016), no doubt as inflammatory and unacceptable to the BREXITEERS as subsequent developments have been to the REMAINERS. Fearing that Parliament was being enlisted with an agenda to defeat the referendum result, it is not surprising that the BREXITEERS should wish to exclude Parliament from the process altogether.’

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UK Constitutional Law Association, 10th November 2016

Source: www.ukconstitutionallaw.org