Recent News

Why Analysis of Section 2(1) of the European Communities Act 1972 is Fundamental to Determining the Limits of the Exercise of Prerogative Powers

The media has recently been sent into a whirlwind of Brexit speculation following the handing down of the judgment of the High Court of Justice on 3rd November 2016 (“the Judgment”). The Court ruled that it is not within the prerogative powers of the government to serve a notice under Article 50 of the Lisbon Treaty (a procedure which would commence the two-year withdrawal of the UK from the EU), and that Parliament must give its approval before such action is taken. To some, this is the death knell for Brexit that they have been hoping for. To others, it is an example of the judiciary stifling the stated will of the people.

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Guide to What Lawyers Should Be Telling Their Clients - Our Expertise As Lawyers Pre And Post Brexit

It is vitally important that lawyers, and clients, are able to be as proactive as possible in preparing for Brexit. Leaving things too late may result in, at best, playing catch up with the rest of the field. At worst, it may cause irreparable damage to the business of both the firm, and of the clients. In any event, Brexit is an opportunity for the country and therefore, for us as lawyers.

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The EU Succession Regulation (EU/650/2012) (“the Regulation”) came into force on 17th August 2015. The purpose of the Regulation is to harmonise the way in which member States resolve conflict of laws issues when dealing with succession and inheritance matters. The Regulation will apply to Estates where the deceased died on or after 17th August 2015. Although the UK has opted out of the Regulation, it is still vitally important that practitioners and clients alike have regard to it when dealing with an Estate where a person has connections with a country governed by the Regulation. It also hints at a change in the way that habitual residence is to be rationalised.

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