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Lawyers for Britain

We are a group of lawyers, legal academics, retired judges and constitutional specialists who came together to campaign for a Leave vote in the referendum. Now that the country has voted to leave the European Union,  we have also been joined by many lawyers who supported Remain but now wish to working constructively to make sure the exit process is carried out in the best interests of the United Kingdom.

Our intervention in the Article 50 case allowed and submissions filed

On 3rd November 2016 the Divisional Court handed down its judgment in R (Miller) -V- Secretary of State for Exiting the European Union [2016] EWHC 2768 (Admin). The court, to the surprise of most informed observers, decided that it is outside the prerogative powers of the Crown for notice to be given under Article 50 of the Treaty on European Union to withdraw from the European Union. Lawyers for Britain applied to intervene in the Supreme Court appeal in order to present further arguments as to why the appeal should be allowed and this judgment should be set aside. Our application to intervene and make written submissions was granted by the Supreme Court on 25 November 2016 and our Lawyers for Britain Supreme Court Submissions were filed on 29 November: for details see Supreme Court Intervention by Lawyers for Britain. The Supreme Court has now given its Judgment in this case.

The case has generated a lively debate among academics and in the blogosphere. We are pleased to host an article by Annabel Partridge which casts new light on the detailed wording of section 2(1) of the European Communities Act 1972 and asks precisely what the subsection does. The subsection, she argues, does not "give legal effect" to EU laws but rather something subtly different, which is to require that they be "recognised" and "available in law".

Preparing for Brexit

After the referendum victory for Leave, the focus of our work has shifted from campaigning to working on the legal process by which Brexit will be successfully delivered. That process is governed by Article 50 of the Treaty on European Union. Preparations for exit will involve making changes to the UK's international treaty relationships and to its internal laws, as well as addressing the post-exit relationship between the UK and the remaining EU. We have published our step-by-step guidance to all the major aspects of this process in Brexit - how it would all work.

Politeia publishes "Leaving the EU" by Martin Howe QC

Politeia (A Forum for Social and Economic Thinking) has published "Leaving the EU: Legal and Trade Priorities for the New Britain" by Martin Howe QC, Chair of Lawyers for Britain: download here. It is summarised on the Politeia website. It sets out a comprehensive plan for preparing the UK's international trade relations and domestic laws to take advantage of the freedoms of Brexit, as well as how relations with the remaining EU should be handled.

UK can negotiate and conclude trade treaties before we leave

Lawyers for Britain Committee Member and barrister Francis Hoar has researched in depth the legal arguments about whether the UK is prevented from negotiating and concluding international trade agreements before the date it exits the EU. He concludes that the argument that the UK is prevented from doing so has no support from the EU Treaties or from the case law of the Court of Justice of the European Union: see Negotiating International Trade Treaties before Exit.

Joining us and following us

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