68 results
17 Dec 2018 11:27
Round Up: Brexit and Barrymore both make appearances in a busy week…This week the eyes of the United Kingdom, and quite possibly the whole of Europe, were trained on Luxembourg for an eagerly awaited judgement from the Court of Justice of the European Communities. However, before we embark on a lengthy and forensic analysis of the German/Slovakian case of AlzChem v more...
17 Dec 2018 09:49
Is the Attorney General’s advice to Government covered by legal privilege?By Rupert Bowers QC, Door Tenant at Exchange Chambers, and Margherita Cornaglia of Doughty Street Chambers. On 5 December 2018 the Government released, in full, the advice given by the Attorney General on the consequences of the Brexit deal already reached by the Government. It took Parliament to more...
13 Dec 2018 09:54
The possible impact of Brexit on the UK’s oil and gas industryIn mid-2014, the oil and gas industry was heading into a significant global price crash which was to last for the next 3 years whilst the issue of an “in-out” referendum was being debated in the House of Commons. Brexit became a deciding issue in the election in May 2015 though at the time, its more...
11 Dec 2018 10:37
Turning back the clock – can the UK’s Article 50 notice be revoked unilaterally?Mathias Cheung discusses the Advocate General’s opinion and the CJEU’s ruling on unilateral revocation of the UK’s Article 50 notice: The Advocate General opined that the UK has the sovereign power to revoke its Article 50 notice at any time before the withdrawal takes effect. The CJEU followed the more...
11 Dec 2018 10:29
The November 2018 Draft Withdrawal Agreement – Implications for Civil Litigation in the UK?Camille Slow considers those provisions of the Draft Withdrawal Agreement currently due to be considered by Parliament which would have an impact on civil litigation; the Draft Withdrawal Agreement currently under discussion remains heavily contested, but has potentially significant effects on all more...
10 Dec 2018 14:07
Brexit weekly round up – Week commencing 3 December 2018Matrix’s Legal Support Service provides a weekly round-up of Brexit-related links and news. Brexit and the UK constitution Labour has warned that a failure by Theresa May to publish the full legal advice on her Brexit deal would result in the UK facing a constitutional crisis. The CJEU has published more...
10 Dec 2018 11:59
Court of Justice confirms United Kingdom’s right to change its mind about Brexit.In a landmark judgment delivered today the Court of Justice of the European Union has made it clear that, as a matter of EU law, the UK is free to change its mind about Brexit and unilaterally revoke the notice given under Article 50 TEU, thereby remaining in the EU on its present terms of more...
10 Dec 2018 11:27
Martin Moore QC of Erskine Chambers considers issues arising in recent Part VII transfer & cross-border merger applications undertaken in preparation for BrexitPreparations for Brexit have seen a surge in the number of applications to the High Court in relation to cross-border mergers under the Companies (Cross-Border Mergers) Regulations 2007 (CBMR 2007) and insurance and banking business transfers under Part VII FSMA 2000. These applications are raising more...
10 Dec 2018 09:23
UK can unilaterally revoke Article 50 notice and remain in the EUWightman & Ors v Secretary of State for Exiting the EU (C-621/18) Related Member(s):Aidan O’Neill QC (Scot) QC Related Practice Area(s):EU Law, Public Law Court:Court of Justice of the European Union The UK is free to revoke unilaterally the notification under TEU, art 50 of its intention to more...
5 Dec 2018 10:58
Advocate proposes that the Court of Justice should declare that Article 50 can be unilaterally revoked by the UK before 29 March 2019Giving his Opinion in the case of Wightman & Ors v Secretary of State for Exiting the European Union, Advocate General M. Campos Sánchez-Bordona has proposed that the Court of Justice of the European Union (CJEU) should declare that the Treaty on European Union (TEU), art 50 allows the unilateral more...
4 Dec 2018 13:52
CJEU Advocate General concludes that notice under Article 50 TEU is unilaterally revocableThe Court of Justice of the European Union has published the Advocate General’s Opinion in Case C-621/18 Wightman and Others v Secretary of State for Exiting the European Union. In his opinion, Advocate General Campos Sánchez-Bordona concludes: “When a Member State has notified the European Council more...
29 Nov 2018 14:57
Law Pod UK on the Brexit Political DeclarationAs part of our continuing collaboration with Professor Catherine Barnard of Cambridge University, we now have her latest episode on the Political Declaration on the withdrawal deal: Episode 55 of Law Pod UK. Towards the end of her 15 minute interview with Boni Sones Catherine talks about the more...
29 Nov 2018 14:05
Is the Article 50 notice revocable?On Tuesday 27 November, Gerry Facenna QC and Anneli Howard appeared before the Full Court of Justice of the European Union on behalf of two Members of Parliament, Chris Leslie MP (Lab) and Tom Brake MP (Lib Dem) in the urgent preliminary reference case concerning the UK’s Article 50 notice. The more...
JUDGMENT DAY
This content is posted with permission of Jolyon Maugham QC and was originally written for Waitingfortax.com. The Court of Justice of the EU yesterday put a number of questions to the Government’s advocate about the timing of the meaningful vote. (You can read my largely verbatim albeit incomplete more...
23 Nov 2018 14:33
Andrew Thornton of Erskine Chambers considers the Business and Property Courts Cross-border Merger Practice Note and the impact of BrexitOn 4 October 2018, Chief ICC Judge Briggs issued a Business and Property Courts Practice Note reminding practitioners of the need to produce evidence addressing the impact of a proposed cross-border merger on the creditors and employees of a UK transferor company in relation to applications: (a) for more...
20 Nov 2018 16:12
Supreme Court refuses Government permission to appeal against decision to seek CJEU ruling on Article 50 revocationThe Supreme Court has today refused permission for the Secretary of State for Exiting the European Union to appeal against the decision of the Court of Session in Scotland to seek a ruling from the CJEU on the revocability of the Article 50 Notice. See Supreme Court news release here. This means more...
16 Nov 2018 08:47
EU draft Withdrawal Agreement: what does it say?The draft Agreement – here – is a mere 585 pages. No harm in trying to read it, or the bits of it which are of particular interest, because in that respect you may be well ahead of some of the rather noisier politicians. It may seem a bit premature to say too much about it, not least because of the more...
8 Nov 2018 17:00
Use of plastic in the food and drink industryWith the coming to prominence of environmental concerns around plastic – particularly single-use and difficult-to-recycle plastic – the food and drink sector is already being challenged to review its use of plastic. Further challenge is brought by a wave of regulation. Shortly after the European more...
5 Nov 2018 13:45
Blasphemy in Pakistan, Arron Banks investigated by the NCA and immigration cases dominate…After the flurry of excitement we were treated to earlier in October, last week afforded observers of the Supreme Court and legal news an opportunity to relax and catch their breath. However, the Court of Appeal proved to be a bountiful source of judgements, and reliable as always, Brexit continued more...
23 Oct 2018 15:45
Brexit. What does it mean for debt recovery in the UK and beyond?The good people of the United Kingdom could be compared to squirrels this autumn, stockpiling goods and cash ahead of the unknowns of another British winter and the imminent exit of the UK from the European Union. The UK is due to exit the European Union at 11pm on 29 March 2019, just over 5 months more...
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