Brexit – The Divorce Bill

7 July 2017

On 1 January 1973, the United Kingdom acceded to the treaties constituting the European Communities. Just over a year later, one of England’s greatest judges, Lord Denning, remarked that Community law “…is like an incoming tide. It flows into the estuaries and up the rivers. It cannot be held back…” The present state of EU/UK […]

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Brexit: Take it or leave it?

20 February 2017

The contents of European treaties do not generally achieve public notoriety. But – after acrimonious parliamentary debates, Supreme Court challenges and yards of press coverage – everyone has now heard of Article 50 of the Lisbon Treaty. As part of a deal to secure Parliamentary approval to trigger the EU withdrawal process under Article 50, […]

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“Brexit” means “Brexit”?

20 January 2017

On 17 January, the Prime Minister gave her long-awaited speech on the UK’s strategy for Brexit. It is fair to say that her comments received a mixed reception, both in the UK and the EU. The main point is that “soft” Brexit and continued UK membership of the single market are now definitely off the […]

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Hard Brexit and the banking industry

15 November 2016

It is now clear that the United Kingdom is committed to Brexit, although the nature of any continuing relationship with the remainder of the EU remains to be negotiated. However, it seems unlikely that the current EU passporting system for the financial services industry will continue to apply to UK institutions, or to EU banks […]

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Do you want a hard or soft-boiled Brexit?

10 November 2016

Charles Proctor explains how the UK could declare itself a free trade zone by ceasing to impose tariffs on imports immediately after its split from the European Union. UK politicians have spent the last few months arguing over the shape of a post-Brexit deal with the EU: will it be ‘hard’ or will it be […]

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Hard Brexit and UK Trade: A Bold Step?

11 October 2016

The recent Conservative Party Conference in Birmingham has served to reinforce expectations of a “hard Brexit” when the UK seeks to negotiate withdrawal arrangements with the other EU Member States. The discussions are likely to be difficult and protracted, with no guarantee of a satisfactory outcome. In view of that situation, Charles Proctor has been […]

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Article 50: understanding the legal architecture around Brexit

30 June 2016

The withdrawal process, rather than being a straightforward process of exit, raises complicated legal and political issues. For now the UK remains a member of the EU. Last Thursday’s referendum is not a formal, legally binding trigger for a UK exit. Article 50 of the Lisbon Treaty is the only legal route to withdrawal and […]

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Brexit and European legal transactions – Keep calm and carry on

29 June 2016

On 23 June 2016, voters in the United Kingdom opted to leave the European Union. Although a referendum is not constitutionally binding, the Prime Minister has announced that he will respect the result and clear the way to withdrawal from the EU treaties under Article 50 of the Lisbon Treaty. In contrast to what was […]

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BREXIT – where next?

28 June 2016

The outcome of last Thursday’s referendum on the UK’s membership of the European Union has sent shock waves through the UK, EU institutions, EU countries and the financial markets. It has also precipitated a leadership crisis in both of the major political parties. All of these developments were easily predictable. But the next stages are […]

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Brexit und der europäische Rechtsverkehr

27 June 2016

Am 23. Juni 2016 haben sich die Wähler im Vereinigten Königreich dafür ausgesprochen, die Europäische Union zu verlassen. Obwohl ein Volksentscheid verfassungsrechtlich nicht verbindlich ist, hat Premierminister David Cameron angekündigt, dass er das Ergebnis respektieren und den Weg zur Aufkündigung der europäischen Verträge nach Artikel 50 des Vertrages von Lissabon freiräumen wird. Anders als ursprünglich […]

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