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The article 50 judgment - Brexit means a Brexit Bill

7 November 2016

By Telha Arshad and Oliver Travers, Hogan Lovells

In its judgment on 3 November (R (Miller and Dos Santos) v Secretary of State for Exiting the European Union), the Divisional Court emphatically found that the Government "does not have [the] power"—without Parliamentary say-so—to trigger the UK's withdrawal from the EU.

The judgment itself reflects the unique status of EU law in our domestic legal order.

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Jurisdictions: United Kingdom
Services: Administrative and Public Law, Government Relations and Policy Advocacy

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Brexit – Could the UK adopt Norway's model?

4 November 2016

By Charles Brasted and Scott Macpherson, Hogan Lovells 

What is the "Norway model"?

Norway is not a member of the EU, having voted against joining on two occasions. Its relationship with the EU has been vaunted as a possible model for a semi-detached UK; but what is that relationship? It is founded on Norway's participation in the European Economic Area (EEA) agreement with the EU, its various Member States, Iceland and Liechtenstein.  The UK could not adopt the Norway model unilaterally. It would have to accede to the EEA agreement, which would require the unanimous agreement of the other EEA members. 

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Jurisdictions: United Kingdom

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Five things you still need to know about Brexit

2 November 2016

By Jackie Newstead

1.  Has "Brexit" happened yet?

In short, no. The referendum was advisory only and the UK continues to be an EU member. In order to leave the EU, the UK must issue a formal notice of its intention to leave to the European Council (the so-called Article 50 procedure). The timing for triggering Article 50 is still under debate, but the UK government is currently in favour of conducting "informal" negotiations regarding the UK's post-Brexit relationship with the EU before formally triggering Article 50.

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Jurisdictions: United Kingdom

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Whose power is it anyway? Brexit, parliamentary sovereignty and triggering Article 50

24 October 2016

By Andrew Eaton and Oliver Travers


Last week saw the final submissions in the judicial review on whether the UK Government can formally trigger Brexit without parliamentary backing. Although dismissed by some, including the Government's own lawyers, as an attempt to "reverse Brexit", the Claimants' case asks a question that goes to the heart of the relationship between the Government, the Parliament, the courts and the people of the UK. Indeed, the outcome of this legal process may well have profoundly political implications.

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Jurisdictions: United Kingdom

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Why Brexit May Be Good for UK Investors Abroad

24 October 2016

By  and

Following the referendum on 23 June 2016 the UK’s Prime Minister has recently indicated that the UK will invoke Article 50 of the Treaty on European Union (“TEU”) by the end of March 2017. It is expected that within two years from then the UK will withdraw from the EU.

In this entry we consider potential ramifications of the UK’s withdrawal from the EU on its investment treaty regime. In particular we ask whether Brexit would be good for UK investors abroad: first, with respect to the UK’s intra-EU BITs and second, with respect to the UK’s extra-EU BITs. We also consider whether Brexit could have negative ramifications, in particular in the form of potential claims against the UK.

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Jurisdictions: United Kingdom