Brexit case ‘of fundamental constitutional importance’ – BBC News

‘The need for Parliament to give its approval before the Brexit process starts is of huge “constitutional importance”, the High Court has heard.’

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BBC News, 13th October 2016

Source: www.bbc.co.uk

Court battle looms over Brexit legality – The Guardian

‘Scores of QCs and lawyers will cram into court four on Thursday, the largest in London’s Royal Courts of Justice, to hear two and a half days of argument that could decide how – or conceivably even whether – the UK leaves the EU.’

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The Guardian, 13th October 2016

Source: www.guardian.co.uk

Sionaidh Douglas-Scott: The ‘Great Repeal Bill’: Constitutional Chaos and Constitutional Crisis? – UK Constitutional Law Association

‘On October 2, Theresa May set out plans for a ‘Great Repeal Bill’ to be included in the next Queen’s Speech. There is very little detail currently available, but it appears this Bill is intended to remove the European Communities Act (ECA) 1972 from the statute book following completion of the Brexit negotiations. It would also incorporate current applicable EU law into an Act of Parliament and then allow the government to decide if/when to repeal, amend or retain individual measures in the future, following Brexit.’

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UK Constitutional Law Association, 10th October 2016

Source: www.ukconstitutionallaw.org

New Bingham Centre for the Rule of Law Briefing Paper: ‘Parliament and the Rule of Law in the Context of Brexit’ – UK Constitutional Law Association

Posted October 7th, 2016 in brexit, devolution, EC law, legislative drafting, news, parliament, referendums, rule of law by tracey

‘The Bingham Centre for the Rule of Law published a new Briefing Paper on 29 September 2016. Titled “Parliament and the Rule of Law in the Context of Brexit”, it aims to inform the work of Parliament by setting out preliminary rule of law issues relating to Brexit.’

Full paper

UK Constitutional Law Association, 5th October 2016

Source: www.ukconstitutionallaw.org

What is the Great Repeal Bill? The Brexit law to end all EU laws (that we don’t like) – The Independent

Posted October 4th, 2016 in bills, brexit, constitutional reform, EC law, legislation, news, repeals by sally

‘The historic proposal aims to end the European Union’s legal supremacy in the UK by converting all EU requirements into British law as soon as Britain exits the bloc.’

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The Independent, 3rd October 2016

Source: www.independent.co.uk

Arguments in the referendum challenge now available – UK Human Rights Blog

Posted October 3rd, 2016 in brexit, devolution, EC law, news, prerogative powers, referendums, treaties by sally

‘The imminent litigation concerning the government’s response to the Brexit vote is much anticipated. The skeleton arguments have now been filed. The High Court has just resisted an application for partial redaction of the arguments, so they are open for public perusal.’

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UK Human Rights Blog, 29th September 2016

Source: www.ukhumanrightsblog.com

Attorney General to defend Brexit legal challenge – Attorney General’s Office

Posted September 29th, 2016 in attorney general, brexit, EC law, press releases, referendums, trials by tracey

‘The Attorney General Jeremy Wright QC MP, James Eadie QC, Jason Coppel QC, Tom Cross and Christopher Knight have been named as the counsel who will ask the High Court to reject a claim that legal obstacles stand in the way of Government giving effect to the referendum result and triggering Article 50.’

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Attorney General’s Office, 28th September 2016

Source: www.gov.uk/ago

Government forced to release ‘secret arguments’ for triggering Article 50 ahead of anti-Brexit legal challenge – The Independent

Posted September 29th, 2016 in brexit, constitutional reform, disclosure, documents, EC law, news, parliament, referendums by tracey

‘A legal bid challenging Brexit has secured its first major success ahead of a High Court hearing. A senior judge has ordered the Government to reveal ‘secret’ legal arguments which it says means parliament does not have to be consulted on when to trigger Article 50. The decision has been heralded a major victory as a series of legal challenges trying to block Brexit are beginning.’

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The Independent, 28th September 2016

Source: www.independent.co.uk

BREXIT: What now for the Bar? – Counsel

Posted September 26th, 2016 in barristers, brexit, EC law, legal services, news, referendums by sally

‘Evanna Fruithof outlines Brexit’s implications for barristers across practice area.’

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Counsel, October 2016

Source: www.counselmagazine.co.uk

Anti-Brexit group lodges legal challenge over article 50 procedure – The Guardian

Posted September 26th, 2016 in brexit, EC law, news, parliament, prerogative powers, referendums by sally

‘The government is shutting down public debate by refusing to allow legal opponents to reveal the official justification for using royal prerogative powers, rather than seeking parliament’s approval, to trigger Brexit, according to documents lodged in the high court.’

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The Guardian, 23rd September 2016

Source: www.guardian.co.uk

Parliament should get a vote on triggering Brexit Article 50, House of Lords committee says – The Independent

Posted September 14th, 2016 in brexit, constitutional law, EC law, news, parliament, referendums, reports, select committees by tracey

‘The Government should not trigger Article 50 to leave the EU without first consulting Parliament, an eminent committee of peers has said.’

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The Independent, 13th September 2016

Source: www.independent.co.uk

Data protection and Brexit – Law Society’s Gazette

Posted September 7th, 2016 in brexit, data protection, EC law, news, referendums, regulations by sally

‘UK data controllers are already grappling with the biggest change to EU protection in 20 years.’

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Law Society’s Gazette, 5th September 2016

Source: www.lawgazette.co.uk

No 10 rules out points-based immigration system for Britain – The Guardian

Posted September 5th, 2016 in brexit, EC law, immigration, news, referendums by sally

‘Downing Street has ruled out a points-based immigration system promised by the official Brexit campaign but insisted Theresa May would put forward a better way of controlling arrivals to the UK.’

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The Guardian, 5th September 2016

Source: www.guardian.co.uk

Kenneth Campbell QC: Sand in the Gearbox: Devolution and Brexit – UK Constitutional Law Association

Posted September 5th, 2016 in brexit, constitutional law, devolution, EC law, news, Northern Ireland, referendums, Scotland by sally

‘In the immediate aftermath of the EU referendum result, political comment from a number of quarters suggested that the Scottish Parliament could vote to block Brexit. For the comprehensive reasons given by Mark Elliott on his blog, that was a triumph of hope over the constitutional competence of the institution. However, that is not to say that the structures of devolution do not have a significant role in the working out of Brexit, and may yet act as a trigger for wider constitutional change. This post will suggest that the place of the devolved institutions has been underplayed in the debate thus far, and seeks to identify some of the issues which will require to be addressed. These include: the operation of the Sewel convention and other steps to take account of the interests of devolved areas, discussions around the place of Scotland in the EU, and some effects on structures in Northern Ireland.’

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Constitutional Law Association, 5th September 2016

Source: www.ukconstitutionallaw.org

Business as usual? – Counsel

Posted September 1st, 2016 in arbitration, brexit, courts, EC law, London, news by sally

‘Sophie Nappert analyses how international arbitration in London will fare post-Brexit.’

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Counsel, September 2016

Source: www.counselmagazine.co.uk

Employment law: Post-Brexit – OUP Blog

Posted August 30th, 2016 in brexit, EC law, employment, news, referendums, regulations, transfer of undertakings by sally

‘The Leave vote in the EU referendum presents several potential challenges for employers which are of far more immediate and practical importance than speculation about the future direction of employment law in a post-EU environment. An issue over which a considerable amount of ink has been spilled, both before and after the referendum. These challenges include how employers should best seek to manage employee uncertainty and anxiety about the possible impact of the Leave vote on their business; how economic uncertainty will affect recruitment policy, perhaps pushing employers towards more temporary and agency and less permanent recruitment; the impact on employers’ ability to attract and retain skilled staff from overseas of potential changes to immigration laws as part of Brexit; how to reduce the risks of increased disputes in the workplace based on differing views of the merits of Brexit; and ensuring that any relocations or restructurings that the changed climate necessitates are handled so as to minimise exposure to claims. As the UK proceeds with the process of extracting itself from the EU, the impact on free movement and immigration laws will also be crucial for many employers.’

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OUP Blog, 30th August 2016

Source: www.blog.oup.com

The Elements of a Post-Brexit Settlement – Henderson Chambers

Posted August 24th, 2016 in brexit, EC law, freedom of movement, immigration, news, referendums by sally

‘It is time to start thinking about the possible elements of a postwithdrawal settlement calculated to ensure a continuing close relationship between the UK and the EU. A solution that caters for the UK’s economic needs ought to be attainable, if it is also designed to play to the country’s particular strengths, which make it a more important partner for the EU than any other European State.’

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Henderson Chambers, 10th August 2016

Source: www.hendersonchambers.co.uk

Heaven or Hell? Brexit Legal Issues Analysed Through ‘Hotel California’ Lyrics – Littleton Chambers

‘This post sets out some of the legal issues arising after the referendum of 23 June 2016, taking a generous liberty with the interpretation of the lyrics of The Eagles’ song “Hotel California”.’

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Littleton Chambers, 12th August 2016

Source: www.littletonchambers.com

Brexit: are EU Citizens in limbo? – Halsbury’s Law Exchange

Posted August 22nd, 2016 in brexit, citizenship, EC law, immigration, news, referendums by sally

‘“Brexit means Brexit”, or so says our new Prime Minister. Sadly, it is almost certainly not as simple as that. The UK has voted for Brexit, but which Brexit?’

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Halsbury’s Law Exchange, 22nd August 2016

Source: www.halsburyslawexchange.co.uk

Brexit legal challenge: High Court bid could derail Theresa May’s EU exit timetable – The Independent

Posted August 22nd, 2016 in brexit, costs, EC law, fees, news, parliament, referendums by sally

‘Remain supporters have crowd-funded £32,000 in legal fees to argue Ms May will need Parliament’s backing before beginning formal negotiations to leave the EU.’

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The Independent, 20th August 2016

Source: www.independent.co.uk