The United Kingdom is to leave the European Union and Brexit, we are told, means Brexit. But for the moment at least it seems the only certainty arising from the result of last June’s referendum is uncertainty. The barristers of Doughty Street Chambers are anticipating the potential consequences of Brexit and, as always, are devising creative solutions for our clients.
Our firmly held view is that BREXIT IS ABOUT PEOPLE, NOT JUST POLICY AND POLITICS. We are on hand to provide you with advice on the law, with creative litigation strategies and advocacy in the UK and European courts and tribunals, as well as providing consultancy and by engaging with legislators and those who set regulations and policy. We can help you understand and act on what Brexit means for you or your organisation.
You can view our Brexit brochure by clicking here. And for more information on the updates below please click on each entry’s title. You will also see our most recent Brexit blog posts, powered by Passle, on the right of this page. For all our Brexit blog posts, please click here.
To learn more about our experience, or discuss how we may be able to help, please contact Maurice MacSweeney on +44 (0)20 7400 8906 or by e-mail.
The European Union Select Committee of the House of Lords today published its report on the impact of Brexit on the Crown Dependencies. It calls upon Government to remember its responsibilities to the Isle of Man, as well as the Bailiwicks of Jersey and Guernsey. Although the Crown Dependencies are not part of the UK, nor are they part of the UK's membership of the EU, they do have an association with the EU as set out in Protocol 3 to the UK's Act of Accession. A result of Brexit will be that the current form of the relationship between the Crown Dependencies and the EU will cease. Susie Alegre, an expert on the law governing small States and their relationship with the UK and EU, was invited to provide evidence to the House of Lords EU Committee in January of this year, and the Committee endorsed a number of her proposals. To read more, and to view a copy of the report, please click here.
Chatham House is hosting a talk on 8th March (details available by clicking here) to discuss the potential constitutional consequences of Brexit, in particular what it means for the devolved administrations, the logistics of triggering article 50, and the practical impact on Whitehall and Westminster. On the panel of speakers, alongside former Attorney General Dominic Grieve QC, will be Doughty Street’s Rowena Moffatt, a public law barrister with particular experience of EU issues. Rowena co-authored a paper for The Constitution Society entitled Brexit: The Immediate Legal Consqeuences. You can read that paper by clicking here.
Colin Harvey, Professor of Human Rights Law at Queen’s University, Belfast, and a member of the Academic Expert panel of Doughty Street Chambers, is a contributing author to a helpful resource, the Queen’s Brexit Resource Guide, which comprises articles by the university’s academics on the subject of Brexit. The Guide’s articles cover a wide range of Brexit related issues including trade, devolution, and the impact on the border between both countries of the island of Ireland.
There is grave concern in both the Republic and Northern Ireland about Brexit, with it being one reason cited in the recent resignation of the deputy First Minister and consequent collapse of the government. Professor Harvey speaks and writes regularly on the topic; you can read more on one event at which he spoke recently, hosted by the Law Society of Northern Ireland and the Irish Centre for European Law by clicking here and here.
Sir Keir Starmer KCB QC was invited to give the annual Eleanor Roosevelt Lecture at the Institute of the Americas, based at University College London. In his speech he noted Eleanor Roosevelt’s internationalist outlook and her extraordinary legacy to humanity, which must be fought for. In addition, he argues we must fight against current threats to human rights posed by – amongst other things – Brexit. The full text of his speech, on “Human Rights After Brexit”, can be found by clicking here.
The premier of the Cayman Islands announced he has had assurances from the British Government that the interests of the British Overseas Territories will be taken under consideration when it commences Brexit negotiations. You can read more on the particular areas of concern of the Cayman Islands by clicking here. Doughty Street Chambers has long held a concern that the rights of those living in the British Overseas Territories and Crown Dependencies are not being properly considered by the British Government. You can read more in Susie Alegre’s blog posts which can be accessed here and here, as well as in the report she submitted to the House of Lords during its inquiries in this area.
EU specialist and human rights lawyer Susie Alegre was invited to provide evidence to the House of Lords Brexit inquiries. Read more about her evidence on the potential impact of Brexit on Gibraltar, as well as on the Crown Dependencies. The rights of those living in the Crown Dependencies and British Overseas Territories must be protected, allowing them an ability to decide their own affairs whilst also retaining their strong ties to the UK.
Geoffrey Robertson QC is a leading constitutional lawyer, author and Joint Head of Doughty Street Chambers. In the lead up to the Supreme Court handing down its judgment in the Miller and Dos Santos case the BBC aired his programme, as part of the “Archive on Four” series, on the importance of the independence of the judiciary, and lessons from history on clashes between Judges and Governments.
“Mapping the Great Repeal” is a major report by Doughty Street’s Angela Patrick, commissioned by the Thomas Paine Initiative, in which she sets out that while there are many legal, political and diplomatic steps to Brexit, assessing the implication for individual rights of the UK’s departure from the Union will be crucial both during the progress of the negotiations and the consideration of any Great Repeal Bill.
The Parliamentary Joint Committee on Human Rights (JCHR) today urges the Government not to use fundamental rights as bargaining chips in Brexit negotiations (Brexit and Fundamental Rights). This is the latest in a series of reports from Parliamentary committees exploring the potential impact of Brexit including the implications for individual rights. So far, the analysis is limited in the absence of any clear Government plan on what Brexit will mean in practice.
The House of Lords EU Justice Sub-Committee report, Brexit: Acquired Rights, was published this week.
Parliament’s Joint Committee on Human Rights (JCHR) is currently considering the impact of the UK’s proposed withdrawal from the EU on the human rights framework and protection of human rights in the UK.
Recently Jonathan Cooper OBE was interviewed by LexisNexis for the article "Brexit and a British Bill of Rights: are our human rights under threat?".
As the Brexit Bill returns to the House of Lords for Committee stage, Caoilfhionn Gallagher QC analyses the up-to-date position on rights of EU nationals during, and prior to, Brexit negotiations. Click here to read Caoilfhionn's article.
Susie Alegre notes the observations made on the United Kingdom in July by the UN Committee on Economic, Social and Cultural Rights in relation to the ESC rights issues that British Overseas Territories and Crown Dependencies will need to grapple with following the UK’s decision to withdraw from the European Union, and the significant and unexpected consequences they may now face.
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