11KBW has long established a leading profile in the field of European Union law, building on our pre-eminence in the fields of public and administrative law, employment law, data protection law and procurement law.
Following the withdrawal of the UK from the EU, 11KBW continues to specialise in the ongoing relevance of EU law, acting for public and private sector clients in matters arising from all parts of the United Kingdom.
We are experienced in advising on and acting in proceedings concerning the meaning and effect of retained EU law (under the European Union (Withdrawal) Act 2018) and assimilated EU law (under the Retained EU Law (Revocation and Reform) Act 2023), across the full range of sectors impacted.
We also have particular expertise in the effect of the international agreements between the UK and EU, including in relation to:
- The UK-EU Withdrawal Agreement (and associated agreements);
- The Windsor Framework;
- The UK-EU Trade and Co-operation Agreement (and associated agreements.
Some members of Chambers are qualified to practise in EU Member State jurisdictions, and can act before the Court of Justice of the European Union.
Examples of our expertise in litigation concerning EU law in connection with and following Brexit include:
- The Miller challenge to the intended issue of the Article 50 TEU notice of the UK’s withdrawal from the EU, and multiple other cases addressing the processes by which Brexit occurred;
- Devolution references concerning the legislative competence of the devolved bodies to make legislative provision for retaining EU law following withdrawal;
- The meaning and extent of the enforceable citizens’ rights provisions of the Withdrawal Agreement, including the role of the EU Charter of Fundamental Rights in interpreting the Agreement;
- Litigation in Northern Ireland in connection with the meaning of the Windsor Framework and rights protected via the Belfast Good Friday Agreement;
- The Lipton v BA Cityflyer Ltd Supreme Court judgment concerning the status of accrued EU law rights.
