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EU law: what's retained?

New Year’s Eve 2020 was a bit different from other years, and for more reasons than one. It will certainly be a date that any English lawyer advising on the UK’s postBrexit legal system will not easily forget. At 11pm GMT, EU...more

The UK takes a position on the CJEU

The UK's position paper on dispute resolution and the role of the CJEU begins the process of squaring the circle created by the UK's stated intention to retake control from the CJEU. As far back as the Prime Minister's...more

The Repeal Bill: Understanding the small print

The Government took the first step to implementing one of its key Brexit policies today. The long-awaited Repeal Bill, formally named the European Union (Withdrawal) Bill, which was first announced in October last year, has...more

Stuck in the middle without EU: UK courts grapple with Brexit uncertainty

One of the UK Government's central objectives for Brexit is to bring an end to the jurisdiction in the UK of the Court of Justice of the EU ("CJEU"). A necessary implication of this objective is that, unless agreed otherwise...more

Agreeing how to disagree: Brexit, future EU-UK agreements and the need for an umpire

What good is a cricket game without an umpire? While both teams might be applying the same rules, situations often crop up in which a definitive interpretation must be given, and the rules of the game enforced. The same...more

Brexit: the ball is in which court?

Brexit "will bring an end to the jurisdiction of the CJEU in the UK". That is the assertion in the UK Government's Brexit White Paper¸ and it was the promise of the Leave campaign. But the reality is more complex. The...more

The Government's Article 50 Bill: small, but of mighty constitutional importance

On 26 January 2017, the Government published its European Union (Notification of Withdrawal) Bill (the "Bill") to empower the Prime Minister to notify the EU, under Article 50 of the Treaty on the European Union, of the...more

May Day: What we now know about Brexit

For those who have been listening carefully to the UK Government in recent months, today's speech by Prime Minister Theresa May will be a confirmation that the UK Government has recognised the logical consequences of the...more

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