Examining the new legal relationship between the UK and EU
In this post, Jack Williams of Monckton Chambers discusses the recent case of Harris v Environment Agency [2022] EWHC 2264 (Admin) concerning when directives form part of Retained EU Law pursuant to section 4(2)(b) of the EU (Withdrawal) Act 2018.
Continue reading “When do directives form part of Retained EU Law? Case comment”
In this post, George Peretz Q.C. of Monckton Chambers discusses the Northern Ireland Protocol Bill. The Ireland/Northern Ireland Protocol was at the heart of the Withdrawal Agreement negotiated with the EU in 2019 and was, as required by that agreement, incorporated into UK law. It has important tax implications, especially in the areas of VAT,
customs duties and state aid. The Northern Ireland Protocol Bill would remove most of the Protocol from UK law, despite the UK’s treaty obligation. The government claims that the principle of ‘necessity’ gives a legal basis for that action in international law, but its argument is unconvincing. The Bill is likely to run into considerable opposition in Parliament, especially in the House of Lords. And if passed it would threaten a trade war with the EU with major implications.
In this post, Steven Gee Q.C. of Monckton Chambers considers cross border injunctions after Brexit and the case of Broad Idea International Ltd v Convoy Collateral Limited [2022] 1 AER 289 (Privy Council).
Continue reading “Cross Border Injunctions after Brexit”
Prof. Dr. Dr. h.c. Carl Baudenbacher (Partner Nobel Baudenbacher, Zurich/Brussels, Door Tenant Monckton Chambers, London, Visiting Professor at LSE, Former President of the EFTA Court) discusses the relationship between the United Kingdom, Switzerland and the European Union.
Continue reading “Britzerland – or even more?”
George Peretz Q.C. of Monckton Chambers discusses R(British Sugar) v Secretary of State for International Trade[2022] EWHC 393 (Admin) regarding Article 10 of the Ireland/Northern Ireland Protocol and the new post-Brexit UK subsidy control regime.
Continue reading “Sweet failure: British Sugar fails to persuade the High Court that the sugar advance tariff quota breaches Article 10 of the Protocol or the subsidy control provisions of the TCA”