Brexit

The EU will insist that the Court of Justice of the European Union should be able to rule on any post-Brexit agreement with the UK, The Times reports. An internal Brussels diplomatic document states that the EU will argue its court should be able to enforce the terms of a trade, fishing and security

A survey of more than 100 executives from four of Scotland’s industry sectors has revealed concerns about the impact of Brexit in the year ahead. The research, carried out by CMS, included select interviews and a survey of industry leaders from the renewable energy, life sciences, food & d

In the case of Schrems II, the Advocate General of the Court of Justice of the European Union (CJEU) issued an opinion which upholds the validity of the European Commission’s standard contractual clauses for the transfer of personal data to countries outside the European Economic Area (EEA). S

Boris Johnson's attempt to give ministers control over which courts are no longer bound by European Court precedent will damage the legal system, Lord Pannick QC has warned. The crossbench peer said he would try to undo the change proposed by clause 26 of the Withdrawal Agreement Bill, which comes b

With Christmas, and Brexit, fast approaching, it is a good time to consider how Brexit could affect Santa’s annual task of delivering presents to the children of the UK, writes Iain Halliday. Santa lives in Lapland, in Finland, so we can presume he is a Finnish (and therefore EU) citizen. At t

Prime Minister Boris Johnson plans to give British judges the power to overturn rulings of the European Court of Justice, The Times reports. Under Theresa May it was agreed that the acquis of EU law would be transferred into domestic law after Brexit. This would mean only the Supreme Court and High

The number of business-related laws passed by Westminster every year has halved since the Brexit referendum, according to new research. Researchers at Thomson Reuters have found that MPs approved 685 laws affecting business in the year to the end of September 2018, 21 per cent down on the previous y

The increasing volume of Brexit-related secondary legislation has coincided with a decrease in the number of Scottish statutory instruments laid before the Scottish Parliament for consideration, a Holyrood committee has reported.

The infamous ‘backstop’ is gone, but the new Irish Protocol could lead to the indefinite jurisdiction of the Court of Justice of the European Union within the United Kingdom, writes Oliver Garner of the British Institute of International and Comparative Law. The new Protocol on Ireland/N

The former head of the Scottish Environment Protection Agency (SEPA) has called for the establishment of a parliamentary commissioner for the environment and a dedicated environment court after Brexit. Professor Campbell Gemmell, professor of environment policy, regulation and governance at Universi

Police are investigating a crowdfunding page aiming to raise £10,000 to hire someone to kill high-profile Brexit litigant Gina Miller. The crowdfunder was anonymously launched on GoFundMe in April and was not taken down until last week, the Sunday Mirror reports.

The Scottish government will recommend that MSPs refuse legislative consent for the Brexit bill, ministers confirmed today. A Legislative Consent Memorandum (LCM) lodged by Constitutional Relations Secretary Michael Russell raises concerns over the content of the bill, its implementation and the lac

The Court of Session has delayed a decision on whether the Prime Minister has complied with a law that compels him to seek a Brexit extension. Boris Johnson sent an unsigned letter to Brussels requesting a delay, accompanied by a signed letter saying he thought that doing so would be a mistake.

The Court of Session is considering another Brexit case – an attempt to stop the UK government from passing its proposed EU withdrawal agreement. Jolyon Maugham QC, who lodged the petition, believes the deal falls foul of legislation stopping Northern Ireland from forming part of a s

One of the many unintended effects of an EU exit was that it prompted us lawyers to start writing profound things about what it would mean for our areas of practice. In many areas the consequences of an exit from the EU seemed obvious. Family lawyers would see rising divorces with couples separating