Brexit

The Court of Session has granted a declarator in line with the judgment of the Court of Justice of the European Union in the Article 50 case, Wightman and others. The European Court ruled this month that it was possible for the UK to unilaterally revoke the notification of its intention to leave the

Rachael Kelsey, a director at SKO Family Law Specialists, will be writing regular updates for Scottish Legal News in coming weeks, dealing with the specifics of the Brexit implications for family law. Here, Rachael gives a general overview of where we are with the three most likely political outcome

Section 17 of the Scottish ‘Brexit Bill’ – which requires Scottish Ministers’ consent to certain subordinate legislation – is ultra vires of the Scotland Act, which it would modify, though the bill is not entirely outwith the Scottish Parliament's legislative competence

The body which represents rank and file police officers has told MSPs that Scotland needs up to 900 more officers to deal with Brexit. The Scottish Police Federation (SPF) warned Holyrood that without more funds from the Scottish government, leaving the EU could result in a “catastrophic impac

The United Kingdom is free to revoke unilaterally the notification of its intention to withdraw from the EU and such a revocation, decided in accordance with its own national constitutional requirements, would have the effect that the United Kingdom remains in the EU under terms that are unchanged

Judgment in the Scottish Brexit bill case will be handed down by the Supreme Court on Thursday 13 December 2018. On 17 April 2018, the UK government's law officers, the Attorney General and the Advocate General for Scotland, referred EU exit legislation passed in the Scottish Parliament (the UK

The UK government has published its full legal advice on the draft Brexit deal after government ministers were found to be in contempt of Parliament in an historic first. The government had failed to publish the advice of Attorney General Geoffrey Cox QC in spite of a binding vote to that effect by

Article 50 TEU allows the unilateral revocation of the notification of the intention to withdraw from the EU, according to an Advocate General of the Court of Justice of the European Union.  At the request of various MSPs, MPs and MEPs, the Inner House of the Court of Session, asks the Court of

The UK will find itself in a "constitutional crisis" if the Prime Minister fails to publish the legal advice she has been given on her Brexit deal, according to Labour. Theresa May says that the advice is confidential, though some MPs believe that ministers simply want to avoid admitting the deal bi

Uncertainty over Brexit is "jangling nerves" for Irish law firms, according to a new report by professional services firm Smith & Williamson. The 2018 Smith & Williamson Irish Law Firm Survey shows that most Irish law firms anticipate a strong year ahead, with revenues and profits continuing

Former Foreign Secretary Boris Johnson is facing a private prosecution for alleged misconduct in public offence during the EU referendum campaign. Private prosecutor Marcus J Ball revealed today that he has notified Mr Johnson of his intention to bring a case against him.

Elaine Motion, executive chairman at Balfour+Manson, writes on the significance of language in the Article 50 case currently before the courts. Language is critical in politics and the law, not least in the unfolding political and legal machinations of the Brexit process.

The UK government has had an application for permission to appeal to the UK Supreme Court against the decision to refer the question of whether the Article 50 notification to leave the EU can be unilaterally revoked to the Court of Justice of the European Union refused. The Inner House of the Court

The former Advocate General for Northern Ireland has warned that Brexit risks undermining the rule of law in Northern Ireland if the UK government doesn't change course. Dominic Grieve, Attorney General for England and Wales and Advocate General for Northern Ireland from May 2010 to July 2

The Scotland for a People’s Vote campaign has welcomed the decision of the Scottish Parliament to formally approve its “unequivocal support for a public vote on the final terms of the Brexit deal” – the first legislature in the UK to do so. Holyrood voted by 65 MSPs to 3