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QC (E&W) BL (Irl): public/constitutional law, competition, subsidies, tax, trade. Also political theory/history. Views mine and not those of Monckton Chambers.

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Joined Twitter 1/28/15


@StueyvonStu Why not? Once you accept that obligations to others may arise without any agreement, why should that b… https://t.co/o7ZVJp2zUX @StueyvonStu Obligations often arise without a contract. Do you have obligations to your parents?I wonder how much of the confusion here stems from social contract theory (Locke etc). A theory whose main difficul… https://t.co/rrmHvBCaAjRestoring Crown preference - an insolvent trader should pay HMRC its VAT collected from customers and its PAYE coll… https://t.co/gjePOVEJltOK, I'll bite. This is an excellent question, not just a genuine one. https://t.co/MfBFn2euxI
Retweeted by George Peretz QCVery good and accessible thread this. https://t.co/SpqtsggYbD
Retweeted by George Peretz QCSeconded, from the left. https://t.co/4XHDQ7DYI8 @CoppetainPU Well quite: but the reason Dumfries has different rules from Carlisle is easy to explain and hard to c… https://t.co/hlekykJNH8I suspect that those hypotheses are more or less what Catholic social teaching calls subsidiarity. A critical concept with a dreadful name.Germany (or the UK when thinking about 🏴󠁧󠁢󠁥󠁮󠁧󠁿 vs 🏴󠁧󠁢󠁳󠁣󠁴󠁿 🏴󠁧󠁢󠁷󠁬󠁳󠁿 and NI) may illustrate hypothesis 1: England when… https://t.co/thsTvvT1bGHypothesis 2: A national government can’t effectively operate different rules in different regions because it canno… https://t.co/tSmbxOYZaGHypothesis 1: a sub-national approach to COVID-19 restrictions works well where the decision is actually taken by s… https://t.co/TaZXQi54T1 @SalterRj Yes. @anneapplebaum Cowardice not only about the election result. https://t.co/zXbCqZHcsnThis is true. https://t.co/LstM1q8SGG @ER_EJR Any FTA will require changes in UK law - only Parliament can do that.
11/29
2020
💥 Exclusive: the UK is set to become the first country to approve a Covid-19 vaccine. MHRA is expected to green l… https://t.co/uk9meH7nt7
Retweeted by George Peretz QC @PSpicker I think that’s a better meaning of the term. But since nothing about what is being proposed affects sover… https://t.co/nzwHk5ehum @TheDevi67687931 Whereas the current government’s incoherent idea of “sovereignty” very much is leading us to self-harm. @TheDevi67687931 The difference is that the EU tends not to let ideas of that kind lead it into self-harm. @TheDevi67687931 I don’t disagree. But if the UK government seeks to use an incoherent claim to justify irrational… https://t.co/V9XbEexVjOAnd speaking of the land bridge and changing supply chains 👇 There is always a @tconnellyRTE article for everythin… https://t.co/5TiyFMfqgj
Retweeted by George Peretz QCSeriously, companies that can avoid the land bridge - really should. No green/dedicated lanes in the UK. General un… https://t.co/8WZZyHMnlw
Retweeted by George Peretz QC @Whatastate2 Numbers make that unlikely. And if more than 1/2 the Tory party voted against the deal (which is what… https://t.co/irgxbfNdqMOr, as Jon says in one tweet. https://t.co/VIyVvw57mAA further reflection on the use of “activist”: lawyers who act for taxpayers challenging HMRC tax rulings or the va… https://t.co/PP5mlio34hAs to the tactical implications: well, you are always better at explaining and defending your position - and sellin… https://t.co/XtC2dBAuZjAbstention therefore seems to me to be the principled position (as it often is when you are faced with a choice between bad options).(And saying that it will pass anyway isn’t principled: you shouldn’t vote against something you don’t want to fail.)Voting for a bad deal that you will want to go back and redo in government is not principled. But voting against it… https://t.co/xMAA6TSt9TWhen in doubt, do the right thing.The tactics - what message the vote will send out to key Labour targets - can be debated. But I often find that whe… https://t.co/aerH8JRyxpLabour should promise to go back and renegotiate this bad FTA when it gets into government. Its inadequacies will r… https://t.co/nLO2auEZ6YBut I also disagree with voting for it: any deal will be a bad one, driven by the current government’s incoherent o… https://t.co/pRMclzZaBWThis is why I disagree with voting against an FTA with the EU that the current government decides to sign. https://t.co/8SBz87gE52Vaccines are overwhelmingly safe. But there is no news so good that it does not cause lawyers to ask themselves abo… https://t.co/bLytHqV8SC
Retweeted by George Peretz QCA useful summary of a series of talks on the IM Bill yesterday. https://t.co/aQ32ohLSEx
Retweeted by George Peretz QC
11/28
2020
Right. What a week in #Brexit. First talk of Barnier pulling the plug; and today a big flap over fish. So where are… https://t.co/s2Ckv2DNVu
Retweeted by George Peretz QCAnother manifesto pledge quietly ditched, buried in the spending review.. Boris Johnson Dumps Tory Manifesto Pledg… https://t.co/AUEOvDDV2t
Retweeted by George Peretz QC @luca_fowler I don’t know the US rules, but one round of appeal more or less as of right on a point of law is fair… https://t.co/PciSKZZiMAA useful summary of a series of talks on the IM Bill yesterday. https://t.co/aQ32ohLSEx @HenryTanguy Well quite: if “activist” were ever a useful term, that would be the time to use it.Though it’s hard to conceive of a clearer example of what really could have been described as “activism” than grant… https://t.co/YVYkZ2rUu7A vivid demonstration of the general rule that when people criticise a judge for being “activist”, they usually mea… https://t.co/1WaV5qpNqx @bencorke @nigrugthug @rabid_rabitt And this sort of thing. Great if you’re Amazon. https://t.co/wdxiZqhPsU @fionawishlade @GeorgePeretzQC That subsidies ought to be in the public domain seems to unite people from across al… https://t.co/Dc7NDhlkpv
Retweeted by George Peretz QC @bencorke @nigrugthug @rabid_rabitt Odd definition of “competitive” going on there: we are talking about freedom to… https://t.co/bMDJVtQI8STransparency is an important factor in any well-designed subsidy control regime. As recent developments have rather… https://t.co/y4rAEf1aYk @bencorke @nigrugthug @rabid_rabitt On subsidies, it now seems clear that the EU would agree a robust (enforceable… https://t.co/b1Ym38wQTBNew: EU and UK officials are expressing confidence that an overarching agreement on the outstanding issues of the N… https://t.co/QavPBpH460
Retweeted by George Peretz QCRemember, I suppose, before getting irritated by this latest silliness, that there are smoke and mirrors everywhere. https://t.co/DhtBzzOww0 @bencorke @nigrugthug @rabid_rabitt NB that one of the signatories to this letter is Martin Howe, who is as pro har… https://t.co/2HC9HHmqZn @bencorke @nigrugthug @rabid_rabitt I suppose you also object to the “hard” subsidy terms in the UK/Japan FTA?… https://t.co/rLi7Ozlx9y @nigrugthug @rabid_rabitt If you don’t object to them, I think you need to explain why those terms are consistent w… https://t.co/cROXkkFHdm @nigrugthug @rabid_rabitt Not guilty to the first charge (unless you put anyone who voted Remain in that box), but… https://t.co/8i2G8yZbAZ @Brasfort49 Well, quite. (From memory, it was a piece about the Restrictive Trade Practices Act, of blessed memory.)Remember, this is a government that has already agreed some hard-edged subsidy commitments with Japan.… https://t.co/nLpUnVyVDyWhat things does the government actually want to do that couldn’t fairly easily pass through such a well-designed r… https://t.co/0GZCwxy5DoDo we want UK public authorities (UK government, devolved governments) to be able to throw money at who they like w… https://t.co/ipbmrx6WSBSo when the EU insists on the UK operating a robust and independent subsidy control regime, the meaningful question… https://t.co/lXNrNpDQp9The question is whether what you are agreeing not to do is something you value doing so much that you will sacrific… https://t.co/qRO4AwvOdiThis an incoherent and, frankly, silly way of thinking about the issues here. All treaties - all contracts - involv… https://t.co/7lKeyxKqoOImportant point about what would happen were the govt to lose the vote on the 3 tiers regulations next week. https://t.co/WWLL7b26zJGood piece: and lessons here for experts in all fields. https://t.co/E05FCPgep8 @cjr1968 I staked it on winning ... @PointlessBrexit Not sure, outside films. But it was a fun scenario to discuss.Reader: I lost. But at least the SC couldn’t agree about why I lost.Also fun facts: includes staking of diamond necklaces at the roulette table.Just had judgment from the Supreme Court in HMRC v London Clubs Management, in which I acted for HMRC.… https://t.co/jqqiMxxxjVThere is no silver lining that doesn’t have a legal cloud. In this short piece I discuss one of the legal issues su… https://t.co/ccJeHJwvdW
11/27
2020
@DanNeidle @Stephen41792571 @JudithFreedman @StrongerInNos @agoodall4 @keithmgordon @HMRCgovuk @JolyonMaugham Good piece. @JudithFreedman @StrongerInNos @Stephen41792571 @agoodall4 @keithmgordon @DanNeidle @HMRCgovuk In addition, when so… https://t.co/O4XmevC7gi @JudithFreedman @StrongerInNos @Stephen41792571 @agoodall4 @keithmgordon @DanNeidle @HMRCgovuk The serious point is… https://t.co/CehsdTtKT4UKAJI's collection of submissions to the Independent Review of Administrative Law has almost 70 entries. Please let… https://t.co/WifeLY4dGd
Retweeted by George Peretz QC @JudithFreedman @StrongerInNos @Stephen41792571 @agoodall4 @keithmgordon @DanNeidle @HMRCgovuk I approve that view.If my sources are correct, this may mean the UK conceded on level playing field. Let's see if Barnier comes to Lond… https://t.co/dfr5E43Duk
Retweeted by George Peretz QCBREAKING: the EU's chief negotiator Michel Barnier has called an "urgent" meeting of EU fisheries ministers for tomorrow, acc to two sources
Retweeted by George Peretz QCI currently assume that 95% of those proudly using free trade in every other sentence and trying to trace their fam… https://t.co/v2Yt4LQNUr
Retweeted by George Peretz QC @_RustamRoy Quite. That would be to fall into an elephant trap equipped with a large sign saying “Elephants! Don’t fall into this trap!”The task that needs to be engaged in once this crisis is over is to start thinking about the achievable and sustain… https://t.co/DOK1XC3XDDThe principled position is in my view to abstain: that is to let the Bill pass, but to make it clear that Labour th… https://t.co/SoZGrQDVVwI don’t think that voting against legislation you don’t actually want to fall is a very coherent or principled position.So the suggested vote against is purely symbolic, and contrary to what Labour (and the author) actually wants, whic… https://t.co/mbWs5OovUhThe problem with the proposed position emerges down the article, when the author accepts that if there were any cha… https://t.co/9DGEmmZLmqI agree with a lot of what @Another_Europe says but not this. https://t.co/vjDJzGkEPuQuite: maintenance of an international order based on keeping promises is a vital national interest for a state wit… https://t.co/iXMrAyIg1wThat was inevitable: the government would almost certainly have lost a judicial review had they attempted to do thi… https://t.co/HmfEvqSJtZ @danielmgmoylan I’m afraid that your complaints about the sustainability of the devolution settlement are a bit lik… https://t.co/Z0lCzQQeGo @danielmgmoylan But the point about a political constraint is that when it is ignored (as the current government is… https://t.co/7wOocrriAg @danielmgmoylan If you want to call it a Grundgesetz feel free: though of course, as Miller I made clear, the conve… https://t.co/ZB1GtB4D9I @danielmgmoylan Put another way, the “role of the UK state”, in its legislative capacity, is not normally (ie only… https://t.co/aENhqrwHGE @danielmgmoylan Well, the whole point of the convention (see the Welsh version below, in s107(6) Government of Wale… https://t.co/MhGaPbubL5
11/26
2020
@danielmgmoylan And if your alternative isn’t Tory Leninism (as your hostility to devolution rather suggests), I’d… https://t.co/S5oqfOSeK0 @danielmgmoylan A view to which that dangerous radical Lord Salisbury has already come. @danielmgmoylan If the current settlement can’t stand (and the current government has done so much to undermine it… https://t.co/EzOczsOWcwThe approach that the centre always knows best, and that the best response to a desire for more local self-governme… https://t.co/1TynNnBGznThe Lords have gutted the UKIM Bill. The interesting question is what happens once it goes back to the Commons: 1.… https://t.co/oPAvd56ko2
Retweeted by George Peretz QCAmendment moved by Lord Thomas, former Lord Chief Justice, who said this about that clause. https://t.co/f2E2kPsZuBOn top of that - another clause rejected by the HoL is clause 42. That’s the clause that allows the UK govt to spen… https://t.co/oIgxjiGnHMThat means that clause 44 is a bit like laying the foundations for a building when you can’t say what type of build… https://t.co/pX6f77kpvG
11/25
2020

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