Brexit: News & Views from Morton Fraser
"Now is not the end. It is not even the beginning of the end. But it is, perhaps, the end of the beginning"
These famous words from Churchill, in a speech given nearly 75 years ago, provide an almost perfect description of where we are in the journey towards Brexit, following the Article 50 notice having been given at the end of March.
The Article 50 letter from the Prime Minister to the EU together with the draft guidelines for the negotiations which the EU Council published in response, do mean we have a much more meaningful framework or roadmap towards Brexit than at any point since 24th June last year. However, we are still largely in a world of principles and themes rather than specifics and certainties. What is clear is that we remain some distance away from having clarity on a number of crucial details, including on citizens’ rights, the mechanisms for securing a smooth transition and on the rules which companies will be operating once the UK ceases to be a member of the EU.
We are a firm which works across a wide range of sectors and with a wide range of clients - from large PLCs, owner-managed businesses, major clearing banks and angel investors to housebuilders, property developers, central and local government and private individuals. This allows us to take a broad view, whilst also seeing how the impact of Brexit-related issues can be quite different both between and within specific sectors.
So our task is to continue to work with our clients to assess what it means for each of them specifically, with the benefit of what we can see happening across the range of sectors we work in.
Read the full article from Chris Harte, Chief Executive, here.
Use the interactive timeline below to see how the Brexit road map has unfolded so far. You can also read about the Brexit related issues facing business, real state, the public sector and individuals and families as detailed by our legal experts.
Why Henry VIII is alive and well at Westminster...
Before Brexit, for most lawyers, Henry VIII was no more than a historical, rotund, Tudor character who managed to work his way through six wives. For the constitutional lawyer bells may have rung around a rather obscure drafting issue relating to powers in legislation.Read more
Sewel, Legislative Consent Motions and Brexit
On 21 July 1998 Lord Sewel was a Government Minister tasked with taking the Scotland Bill through the House of Lords.Read more
Brexit: Strategies for retaining and recruiting talent in uncertain times
Since the UK voted to leave the EU we have increasingly been asked to advise on what the immigration system may look like in the future.Read more
Theresa May delivers a speech in Florence on Brexit laying out her offer to introduce a transition period after the UK formally leaves the European Union in March 2019.
The Repeal Bill – a legal perspective on the realities of the process
The European Union (Withdrawal) Bill has now been published. This is a major legislative step for the UK in leaving the European Union and achieving Brexit. In many ways the Bill contains few legal surprises. It now has a more formal "parliamentary" title than the earlier soundbite version of "The Great Repeal Bill".Read more
UK Government announces its position on EU nationals after Brexit
The UK Government has published its position on the rights of EU nationals living in the UK after Brexit.Read more
It is almost a year since the UK Brexit Referendum vote on 23 June 2016. On that day, no one could have predicted where the UK would be now and all that has happened in the interim; legally, economically and politically.Read more
Formal Brexit negotiations commence
UK General Election
Whatever next? Another election and visit to the polling booth…..
When I turned 18 my idealistic young self promised that since women had gone through so much to obtain the vote, that I would always exercise my democratic right and vote when I had the chance.Read more
Brexit: The end of the beginning
"Now is not the end. It is not even the beginning of the end. But it is, perhaps, the end of the beginning." These famous words from Churchill, in a speech given nearly 75 years ago, provide an almost perfect description of where we are in the journey towards Brexit, following the Article 50 notice having been given at the end of March.Read more
A week is a long time in politics; at least it is in a Brexit world.
Monday was a quiet day but full of constitutional expectation. Tuesday saw the continued debate on and a vote in the Scottish Parliament seeking authority for the Scottish Government to apply to the UK Government for a section 30 Order under the Scotland Act 1998 to allow a further Scottish Independence Referendum to be held.Read more
EU Draft Guidelines response drafted
A nine-page document containing the EU’s draft Brexit negotiating guidelinesRead the document
Publication of The Great Repeal Bill: White Paper
Legislating for the United Kingdom's withdrawal from the European UnionRead the paper
Article 50 triggered
Prime Minister Theresa May writes to European Council President Donald Tusk to notify him of the UK’s intention to leave the EU.Read more
Brexit: Immigration and the Retail and Leisure Sectors
Since the UK voted to leave the EU I have spoken with many employers who have concerns about the implications of the decision for their EU staff members. These concerns apply across all sectors but there are particular concerns in the retail and leisure sectors.Read more
Section 30 and the real start of another Scottish Independence Referendum campaign
This morning the First Minister Nicola Sturgeon fired the official starting gun for the next Scottish Independence Referendum campaign.Read more
Dutch Prime Ministerial Election
The European Union (Notification of Withdrawal) Bill is introduced into the House of Commons
A Bill to confer power on the Prime Minister to notify, under Article 50(2) of the Treaty on European Union, the United Kingdom’s intention to withdraw from the EU.Read more
The Supreme Court decide on Article 50
The Supreme Court have now issued their judgement on whether the UK Government need to consult the Westminster Parliament before triggering Article 50 to start the formal process to take the UK out of the EU.Read more
Prime Minister announces there will be a White Paper on Brexit
Supreme Court decision in Miller & Ors v The Secretary of State for Exiting the European Union
The United Kingdom Supreme Court rules that the UK Government may not initiate withdrawal from the European Union by formal notification to the Council of the European Union as prescribed by Article 50 of the Treaty on European Union without an Act of the UK Parliament permitting the government to do soRead the decision
Prime Minister's Speech on UK negotiating position
Scottish Government Consultation on a Draft Referendum Bill closes
The Scottish Government publish "Scotland's Place in Europe
The Scottish Government have today published their promised paper setting out how they consider Scotland's interests could be protected in the Brexit negotiations once Article 50 has been triggered. They also provide outcomes they consider the UK Government should seek to meet those Scottish interests.Read more
Scottish Government Publication Of "Scotland's Place in Europe" paper on SG preferred EU Brexit options
Scotland’s Place in Europe sets out the Scottish Government’s position following the result of the EU Referendum.Read the publication
Supreme Court Hearings in Miller & Ors v The Secretary of State for Exiting the European Union
Article 50 Before the High Court in London - In R (on the application of Miller and Ors) v The Secretary of State for Exiting the European Union
Can the Government trigger Article 50 TEU to take the UK out of the EU by exercising the Crown prerogative? It is a short but constitutionally complex question, that has already been the subject of much external comment.Read more
Scottish Government Publication of "Scotland: A European Nation"
This publication outlines the historical, political and constitutional context that gives legitimacy to Scotland’s voice in the Brexit debate.Read the publication
Indyref 2 - Consultation on a Draft Referendum Bill
A Consultation on a Draft Referendum Bill was published this morning by the Scottish Government, all as trailed by the First Minister at the recent SNP Conference. The Bill being proposed is, essentially, an application of the Scottish Independence Referendum Act 2013, which governed the procedures at the last Independence Referendum, to any new Referendum. There are some technical changes as suggested by the Electoral Commission after the 2014 vote and some updating of practice to make the process work better.Read more
Scottish Government Consultation on a Draft Referendum Bill
This consultation paper invited views on the proposals for how the referendum would be run. A draft Scottish Independence Referendum bill is set out as an appendix to the document.Read the consultation
The Apple Dispute: A Fundamental Issue for the EU
On 30 August 2016 the EU Commission ruled that Ireland was in breach of the EU state aid rules by reaching decisions which substantially and artificially lowered the tax paid by Apple in Ireland since 1991 in a way which had no factual or economic justification.Read more
Brexit: A Litigator's Reflections
Almost exactly 20 years ago today I set off for the Netherlands to spend a year on the ERASMUS programme studying at the University of Leiden. In Edinburgh we now have to prepare for life outside the EU while Leiden remains at the heart of it.Read more
Employment Law: Implications for Businesses of Leaving the EU
Innes Clark and Kate McGarrity look at the potential implications of Brexit on UK employment law and are joined by, Stuart McWilliams, one of our immigration specialists who provides his own thoughts on the possible consequences of Brexit.Read more
Brexit - Immigration FAQ's for employers
Our immigration expert, Stuart McWilliams, answers your frequently asked questions about Brexit and immigration.Read more
Brexit? Don't panic...
Property briefing: despite the shock to the commercial property market from the Brexit vote, the fundamentals remain quite strong, and those in the sector should stay level-headed as to its prospects.Read more
BREXIT, Patents, Trade marks and Data Protection: FAQ for Businesses
With Brexit foremost in the minds of many organisations at present, here we give a short summary on the current situation with regard to European patents and European Union trade marks, and what measures to take regarding data protection compliance.Read more
Niche no longer for constitutional lawyers as changes continue
The constitutional lawyer was a niche breed 20 years ago. We in the know knew who they were. They might usually be found working for Government, north and south of the border or in academia. They wrote the odd article or book. Their work was referred to in university law faculty lectures but otherwise they did not impinge much on the consciousness of the man on the "Clapham Omnibus", and it was definitely a man in those days.Read more
Brexit update: One month on
We are almost one month on from the EU vote, and what a roller coaster of a month it has been. After the initial shock of the implications of the vote, certainly in Scotland, are we any clearer on the legal questions?Read more
Brexit and Employee Relocation
Gordon Kerr of our Employee Mobility Unit discusses with colleagues in our immigration team what Brexit means for multi-national employers and their international workforces.Read more
Putting Some of the Hysteria into Perspective
In the commercial property sector, share prices in some of the big housebuilders have fallen, and more recently Aviva, M&G, Standard Life Investments and other funds have suspended trading in their big property funds.Read more
Brexit and Article 50 TEU
After the EU referendum decision commentators are telling us that we are living in legally, politically and financially turbulent times. It is likely that events will now move more slowly as decisions are made to resolve outstanding questions. It is also important to remember that much of what will be happening in the legal and business world will not change. The challenge will be recognising which changes in circumstances will be important for us in the months and years ahead.Read more
What are the employment law implications of the UK leaving the EU?
Honouring their manifesto commitment, the Conservative government called an "in-out" EU Referendum on Thursday 23 June 2016, and after more than 40 years the UK will no longer be part of the European Union. At the time of writing David Cameron has confirmed he will stand down as prime minister and Jeremy Corbyn is desperately trying to hang on to his leadership of the Labour party. But apart from political melt down, what does this mean for employment law in the UK?Read more
Scottish Government First Minister Advisory Council set up
Podcast: Brexit & Immigration
Our immigration team discuss the Brexit vote and what the consequences might be for immigration law.Read more
Immigration Implications for Employers and Individuals
The UK has voted to leave the EU and this will have a significant impact for immigration, both for individuals and employers so - what happens next?Read more
Wealth Management statement on Brexit
Through today's referendum result the UK electorate have indicated their belief that any costs of leaving the EU are more than offset by the potential benefits of an independent life outside.Read more
Brexit Referendum Vote
Read the full result of the Brexit vote hereRead the full results