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Backstop trap remains

13 March 2019
Issue: 7832 / Categories: Legal News , Brexit
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MPs deal further blow to prime minister’s Brexit deal

MPs dealt a further blow to Prime Minister Theresa May’s Withdrawal Agreement this week, after the Attorney General Geoffrey Cox QC delivered his legal opinion that the legal risk of being trapped in the backstop remains unchanged.

The government endured a humiliating defeat. Cox said May’s revisions to the Brexit deal ‘reduces the risk’ of being caught in the backstop. However, he scuppered May’s claim to have negotiated legally binding changes by stating, in his advice to the government, that there were ‘no internationally lawful means of exiting the Protocol’s arrangements, save by agreement’. His opinion was backed by several prominent QCs including Brick Court’s David Anderson QC and 11KBW’s Jason Coppel QC and Sean Aughey, who were commissioned by the People’s Vote campaign to draw up a legal opinion overnight.

Susan Bright, regional managing partner, UK and Africa at Hogan Lovells said: ‘What happens next will be up to Parliament—to an extent.

‘A third vote against a no-deal exit will not stop the UK’s departure on 29 March without a deal—that remains the default outcome. With a materially different deal now looking implausible, the options open to a Parliament opposed to a no deal exit will be to delay Brexit day or cancel Brexit entirely. The first will require a majority in Parliament, and will mean convincing each of the EU27 that there is a real purpose for the postponement. The second would almost certainly need an Act of Parliament, requiring a majority of MPs to vote against their manifesto positions. That is why businesses should continue to focus their preparations on the risk of the UK leaving the EU on 29 March without an exit deal.’

Issue: 7832 / Categories: Legal News , Brexit
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MOVERS & SHAKERS

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Firm expands London disputes practice with senior partner hire

Druces—Lisa Cardy

Druces—Lisa Cardy

Senior associate promotion strengthens real estate offering

Charles Russell Speechlys—Robert Lundie Smith

Charles Russell Speechlys—Robert Lundie Smith

Leading patent litigator joins intellectual property team

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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