Steven Barrett

The EU rejects ‘the logic of first-come first-serve,’ said the EU’s health commissioner Stella Kyriakides. ‘That may work at the neighbourhood butcher’s but not in contracts, and not in our advanced purchase agreements’. Contract law is an area of law I know well. And it is not a political comment to say the commissioner is

Now that Britain has left the EU, we are no longer bound by the European Court of Justice. Some may view that as something to celebrate. Yet there may also be downsides. The ECJ is the final court of the EU. It hears lots of cases about EU member states who break EU law. It

The new UK/EU Treaty is needlessly long and turgid in its prose: this document was not drafted by people who think the law should be understood by all. Close inspection of the small print reveals that none of the details undermine sovereignty. It has been restored and the UK has the power to control its

We’re closing 2020 by republishing our ten most-read articles of the year. Here’s No. 8: Steven Barrett on Germany and international law Boris Johnson’s proposal to break international law ‘in a specific and limited way’ has sparked uproar. But do you remember when the UK broke the Geneva Convention? Oh. Well we did. The government-ratified

The UK never tried to have our constitution written in one big session. We made it up by responding to each crisis when it happened. Brexit is just the latest. The remaining sticking points on a deal are fish and something called the level playing field. Fish is very interesting, I assume, but it is

Boris Johnson’s internal market bill is back in the House of Lords next week, but will peers let it through?  The bill gives the government an express power (a written one in a statute) to break an international treaty. The Lords do not like that the government might break a specific treaty. Where you stand on

Michel Barnier has very politely confirmed that the EU will be suing the UK in a respectful manner. That has all the validity of a child using his younger brother’s arm to hit his own face while stating, ‘why are you hitting yourself?’. Passive aggression is still aggression. Suing someone is an aggressive act. Now,

Ruth Bader Ginsburg has passed away. America has lost one of its finest lawyers. An outstanding lawyer is a gift to a nation. But RBG is one America never actually used. The same is equally true of her friend Antonin Scalia. Two brilliant lawyers that most nations would give their right arm for. I think

Boris Johnson’s proposal to break international law ‘in a specific and limited way’ has sparked uproar. But do you remember when the UK broke the Geneva Convention? Oh. Well we did. The government-ratified Geneva Convention on the Sea came into effect in Britain on 10 September 1964. From then the UK was bound forever by the

There has been an emotional response to the case of Shamima Begum, quite rightly. It is not clear to me that lawyers are better equipped than politicians to navigate such emotions, but sadly we live in an age which is increasingly demanding legal answers to political questions. What is perhaps surprising is that, with uncharacteristic

The old division of leaver and remainer will not serve the best interests of the country as we go forward. That truth might be emotionally hard to accept, but it will remain true. We need now to adapt to the real challenges the future holds. One of the most pressing is our future relationship with

As a lawyer, I am firmly against the politicisation of law. It is important to remember that we who serve justice do so for everyone – not merely for people we like or to advance political causes. ‘Lockdown’ has so far been three different legal regimes, and for ease, I’ll restrict myself here to the first

There has been much chatter about people being puzzled by the lockdown rules. Critics of Boris Johnson are partly right: the law is confusing. But this isn’t necessarily the Prime Minister’s fault. And nor should it come as a surprise. Why? Because the law can never give absolute clarity about what you should do. Only