On Thursday 10th November, Brick Court hosted the latest in its series of panel discussions on the legal implications of Brexit. The event was moderated by Mark Hapgood QC, who opened by observing that one of the most important issues arising from Brexit is the impact it will have on banking and financial services in the UK. He posed two questions: what degree of risk is posed to the banking and financial services industries by leaving the EU, and what is the best way to mitigate that risk? Continue reading
On Tuesday 1st November, Brick Court hosted the latest in its series of panel discussions on the legal implications of Brexit. The event was moderated by Lord Hoffmann, who opened the evening by observing that IP is likely to be one of the areas of law in the UK that is most affected by Brexit. Continue reading
The Divisional Court has handed down its judgment this morning on the Article 50 judicial review proceedings on which we have been reporting. The judgment is here, a summary here, and hearing transcripts here. The name of the case is R (Gina Miller & Dos Santos) v Secretary of State for Exiting the European Union  EWHC 2768 (Admin). The judges were the Lord Chief Justice (Lord Thomas of Cwmgiedd DJ), the Master of the Rolls (Sir Terence Etherton MR) and Lord Justice Sales.
The Divisional Court has decided that the Government may not use its Executive prerogative powers to give notice of its intention to withdraw the United Kingdom from the European Union under Article 50 of the Treaty on European Union, because this is a matter for Parliament. Giving notice under Article 50 will inevitably result in the removal of some fundamental rights in EU law enshrined in domestic law by Parliament in the European Communities Act 1972. The UK constitution does not permit the Executive to alter domestic law by removing those fundamental rights through exercise of its prerogative powers; only Parliament could do so.
The Government has said that it will appeal against the judgment, the Divisional Court issued a certificate permitting the case to “leapfrog” straight to the UK Supreme Court, and the Supreme Court has indicated that it will hear the case over 4 days during the week of 5th December 2016 with a larger than usual panel of judges.