Brexit

Brexit

Public advocacy is part of the firm’s DNA. From the humble beginnings of a one man practice, Victor Mishcon, the firm’s founder, became a renowned lawyer and a member of Labour’s front bench in the House of Lords. He made his mark in international affairs, as a trusted emissary during the first informal conversations that resulted in the Jordan-Israel peace treaty of 1994; in Parliament, as an incisive spokesman on legal affairs and public causes; and as a lawyer through the wise counsel he offered his clients.

We continue this tradition of guiding, advising and supporting our clients in navigating a changing political and economic landscape.

In 2016, on behalf of lead claimant Gina Miller, the firm took on the high profile Article 50 Legal Challenge, arguing that it was unconstitutional for the British Government to trigger Article 50 withdrawing the UK from the European Union without an authorising Act of Parliament. The High Court agreed, deciding that the Government could only trigger Article 50 after an Act of Parliament had been passed. Because of the public interest in this case, it leap frogged the Court of Appeal and was heard at the Supreme Court in January 2017, where the High Court’s decision was upheld.

R (Miller) v Secretary of State for Exiting the European Union is widely considered to be the most important constitutional law case in over 300 years. It exposed the low level of public understanding about how our system of government works and what principles like Parliamentary Sovereignty and Rule of Law mean. In relation to the case, Mishcon de Reya featured in over 2,500 pieces of international media coverage across TV, radio, online and print.

We have since built our capabilities in this quite unprecedented landscape and are seen by many as the ‘go to’ firm when it comes to navigating a post Brexit world. We understand that whilst legal advice in this context is critical, it will be the political and economic context that drives our clients’ agendas. This is why we developed a partnership with KREAB, one of the world’s leading global public affairs firms, based in Brussels with offices globally.

The KREAB team comprises former senior officials from the EFTA institutions, the WTO, DG Trade, DG Tax, DG FISMA, the Commission–Secretariat General and the Turkish Foreign Ministry, as well as former senior EU-facing officials across the UK Government. Together, we produce regular briefings on what is happening in Brussels and on the possible implications for our clients. We run themed sessions on specific priorities for our clients with key experts and provide joint advice, both legal and regulatory, to guide our clients through one of the most complex negotiations ever undertaken.

The UK's new relationship with the EU post-Brexit will inevitably cause some disputes to emerge as business comes to terms with a new regulatory framework. Our highly-regarded disputes practice can advise on matters pertaining to: civil litigation, European law, international arbitration and judicial review, including: 

  • Tax (direct & indirect)
  • Trade Defence
  • Commercial Contracts
  • Competition Law and State Aid
  • Product Standards and Labelling
  • Insolvency & Financial Distress

Our Brexit Working Group convenes lawyers from across the firm on a regular basis. We advise businesses and individuals, tackling issues such as the movement of people, the movement of goods and services and the protection of trademarks. Currently, we are advising a well-known global retailer on how to mitigate the possible risks that Brexit may have on its supply chain, including the cost of customs duty, delays and VAT, as well as the Ireland specific supply chain issue. We are also looking at its human resources function and ability to recruit and retain staff post Brexit, including contingency planning for re-location of certain functions.

Beyond our dispute resolution capabilities the firm has particular expertise in:

  • Data Services
  • Immigration
  • Intellectual Property Rights

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