Brexit: News & Views from Morton Fraser
A New Year began on 1 January 2021 and we now have a new relationship with our "close friends" in the EU.
A New Year began on 1 January 2021 and we now have a new relationship with our "close friends" in the EU.
The UK left the EU at the end of the transition period. The Prime Minister says that he and his Government have delivered Brexit and returned sovereignty to the UK over our laws, our courts and our borders. The Free Trade Agreement does not deal with financial services or professional qualifications. Free movement of workers is at an end and travelling to Europe is going to be less straightforward for UK citizens.
We have a new Free Trade Agreement which has kicked into operation. There was considerable relief among most people that an agreement was reached and the threat of trading on WTO terms disappeared. While trade may be tariff free, trade bodies and their members have indicated that some businesses are currently struggling with the impact of non-tariff restrictions and the additional paperwork and certification needed to cross the UK/EU border. Delays in finalising paperwork is, in some cases, resulting in delays and food and fish loads spoiling. The Government says that these are merely teething problems. Others suggest there may be more fundamental issues which will need to be dealt with in further negotiations with the EU. It is difficult at this stage to separate Withdrawal and Covid-19 impacts on business and the economy, even here in Scotland.
We are continuing to work across all the sectors of Morton Fraser to help support our clients whatever awaits all of us. We are taking a broad view across all areas to assess what it all means for clients' different interests.
Deadline for all EU citizens living in the UK to have applied for a status document.
The end of an old year and the beginning of the new year is usually seen as a time for optimism and for looking forward with anticipation to new challenges in the year ahead. Moving from 2020 to 2021 has certainly met that challenge.
Read moreThe transition period arrangements in the UK-EU Withdrawal Agreement end.
UK/EU Free Trade Agreement finalised on Christmas Eve.
UK self-imposed deadline for finalising a trade agreement with the EU.
Introduction into the Westminster Parliament of the United Kingdom Internal Market Bill containing the controversial clauses allowing a potential breach of international law.
Deadline for extending the transition period. Now this has passed there is no clear legal basis for extending the transition period beyond 31 December 2020. The UK Government are adamant that no extension is required.
EU and UK High Level Conference. This was intended to be a key milestone in the original transition schedule giving both sides an opportunity to take stock of progress in the negotiations. However due to the lack of progress so far this meeting was not a watershed moment. Both parties agree to intensify talks over the summer particularly in light of the UK's decision not to request an extension to the transition period.
European Union (Future Relationship) Act 2020 passed.
European Union (Withdrawal Agreement) Act receives Royal Assent.
The Conservative party clinched a historic general election victory, winning a string of seats from Jeremy Corbyn's Labour party.
The judgement is out from the Supreme Court. Who could have predicted that the word "prorogation" would trip off the tongue of the citizen in the street?
Read moreSecond Reading of European Union (Withdrawal Agreement) Bill approved but Programme Motion defeated.
As we approach 31 October, and the UK and EU continue to negotiate on Brexit, a number of my clients are starting to ask what immigration law might look like in the future.
Read moreThe judgement is out from the Supreme Court. Who could have predicted that the word "prorogation" would trip off the tongue of the citizen in the street?
Read moreThe Supreme Court has just issued one of the most important constitutional judgements of this generation.
Read moreJoanna Cherry MP and her fellow petitioners have successfully challenged the decision to dismiss their petition, before the Scottish courts, which seeks to challenge.
Read moreA lot has been written about the consequences of Brexit for EU nationals living and working in the UK, but one area that hasn't been considered is the consequences for sport.
Read moreBoris Johnston has become the Prime Minister of the United Kingdom.
Read moreOver the last few months we’ve been surprised by some of things we’ve learned.
Read moreLynda Towers comments on Theresa May's notice of resignation.
Read moreAre we any further on in understanding where we are in the great Brexit project?
Read moreWith Brexit fast approaching, and still no agreement in Westminster about the way ahead, the UK Government have announced transitional measures for immigration in the event of a no deal Brexit.
Read moreComplying with all aspects of GDPR is by no means an easy matter. Employers have invested many hours updating their contracts of employment, drafting privacy notices and data privacy policies, as well as updating their IT policies.
Read moreOur previous note on the Consumer Credit (Amendment) (EU Exit) Regulations 2018 (SI 2018/1038) detailed some minor fiddling with the Consumer Credit regulatory regime in anticipation of 'exit day' - currently still scheduled for 29 March 2019.
Read moreYesterday evening just after 7.30pm was one of those "Wow" Westminster moments. After eight days of debate and 381 speeches, most people expected the Commons to reject Mrs May's Brexit plan when they finally had the chance to hold their "Meaningful Vote" on Tuesday evening.
Read moreWe all know the feeling when stress or anxiety in one walk of life spills over into another. Research has proven that when people are anxious about one issue, it lingers.
Read moreEvery time you think that the Brexit world can not surprise you any more, it does just that. Not only do we have to remember the last posting dates for Christmas, we have another three dates to remember arising from court cases in London and Luxemburg, and a "meaningful vote" in Westminster to look forward to. We assume recent rumours of the vote cancellation are misplaced.
Read moreFor some of us there is something comforting about putting together a list of things which need to be done and by when. There is then the satisfaction of ticking the items off as done and seeing the list reduce. However perhaps this might not be the best time for those in Whitehall and Holyrood to write down their Brexit "to do" list as a means of cheering themselves up.
Read moreOn 27 February 2018 the Withdrawal from the European Union (Legal Continuity) (Scotland) Bill was introduced into the Scottish Parliament. It may not have the catchiest title ever but this relatively short Bill is already clocking up a number of firsts.
Read moreLast week was a strange week when the "Beast from the East" met "Storm Emma" and managed to bring most of the UK to a standstill in a blast of snow and ice. This was to be the week, however, when the Brexit hot air of the last couple of months was to morph into a series of focused ministerial speeches and proposals to enable decision makers in the UK: to move forward with Brexit planning; take informed steps for the future; and set out a platform for the next stage of Brexit negotiations.
Read moreLucia takes part in a round table evidence session of the Justice Committee of the Scottish Parliament, looking at the consequences of Brexit for family law.
Read moreBefore 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 moreOn 21 July 1998 Lord Sewel was a Government Minister tasked with taking the Scotland Bill through the House of Lords.
Read moreSince 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 moreThe 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 moreThe UK Government has published its position on the rights of EU nationals living in the UK after Brexit.
Read moreIt 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 moreWhen 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"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 moreMonday 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 moreCan 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 moreThis publication outlines the historical, political and constitutional context that gives legitimacy to Scotland’s voice in the Brexit debate.
Read the publicationA 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 moreThis 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 consultationOn 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 moreAlmost 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 moreInnes 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 moreOur immigration expert, Stuart McWilliams, answers your frequently asked questions about Brexit and immigration.
Read moreProperty 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 moreWith 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 moreThe 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 moreWe 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 moreGordon 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 moreIn 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 moreAfter 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 moreHonouring 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 moreOur immigration team discuss the Brexit vote and what the consequences might be for immigration law.
Read moreThe 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 moreThrough 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 moreRead the full result of the Brexit vote here
Read the full results