Brexit round-up – week commencing 31 Oct 2016


Matrix’s Legal Support Service provides a weekly round-up of Brexit-related news and links.

Brexit and the UK Constitution

  1. The High Court ruled that the Government cannot trigger TEU, art 50 without reference to Parliament due to the Crown not being able to use prerogative powers to alter domestic law. The Government has said it will appeal to the Supreme Court. Friends of Europe’s Kirsty Hughes has stated that this has brought representative democracy back into the Brexit process. Sir Paul Jenkins QC (Hon) was interviewed on the US National Public Radio, commenting on the judgment. David Davis has delivered a statement to the House of Commons on Article 50 here (there is a transcript here). The Guardian also had a live blog of the statement here.
  2. Theresa May is insisting to Jean-Claude Juncker that the ruling on the triggering of Article 50 will not result in alteration of her Brexit timetable.
  3. Ireland’s PM has warned of the risk of Brexit negotiations becoming vicious, and that Theresa May might respond to Tory pressure and withdraw earlier than March next year. The leaders have agreed that there will be no hard border between Ireland and Northern Ireland in the wake of Brexit.
    There has been other discussion of the impact on devolved nations of Brexit by Michael Keating.
  4. Senior academics have warned that the constitutional and legal intricacies of Brexit could overwhelm politicians.

The UK’s post-Brexit deal with the EU

  1. Poland’s first European Commissioner has rejected Liam Fox’s idea of securing a trade deal with the EU before Brexit.
  2. Charlotte Winter of Norton Rose Fulbright and Professor Harris QC of Serle Court Chambers discuss the impact of Brexit on choice of law, jurisdiction and enforcement.

Impact of Brexit on the economy

  1. Senior academics have warned that the constitutional and legal intricacies of Brexit could overwhelm politicians.

Brexit as it affects Practice Areas:

Competition & Regulatory

The Brexit Competition Law Working Group has let out key legal and policy questions in an Issues Paper.

Data Protection

With the new GDPR adoption and the resultant planning for data controllers, the Law Society Gazette has considered the issue of data protection following Brexit. Reportedly, the UK Information Commissioner is fighting to ensure we keep Europe’s data protection laws.

Immigration & free movement

There are some arguments that Brexit Britain can balance immigration and single market access. However, experts have reportedly given written evidence to the Northern Ireland Affairs Committee to the effect that employers will bear migration costs.


  1. The Bar Council is hosting a seminar, The Impact of Brexit on Commercial Dispute Litigation in London on 10 Nov 2016 discussing topics such as the fate of prorogation clauses in favour of English courts and choice of law agreements.