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Brexit consumes Parliament

10 September 2019
Categories: Legal News , Brexit , Constitutional law , Family
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MPs have defeated a second attempt by the prime minister to trigger an October election, demanded the government adhere to the rule of law and backed a motion calling for the publication of government communications relating to the prorogation of Parliament and the government’s own Operation Yellowhammer plans for a no-deal Brexit.

Meanwhile, legislation compelling the prime minister to seek a Brexit delay until 31 January 2020, unless MPs approve either a deal or leaving without a deal by 19 October, received royal assent. Earlier, concerns that the prime minister, who said he would ‘rather be dead in a ditch’ than delay Brexit past Halloween, would refuse to comply with the Act prompted former attorney general Dominic Grieve to warn the prime minister could be sent to prison if he refused to obey the law. Former director of public prosecutions Lord Macdonald also warned that a refusal to comply with a court order to comply with the legislation would amount to contempt of court which could result in a prison sentence.

Parliament was prorogued shortly before 2am on Tuesday morning, with the result that several important Bills have been dropped. These include the Trade Bill, the Agriculture Bill and the Divorce, Dissolution and Separation Bill.

Signalling his disappointment, former Lord Chancellor David Gauke tweeted: ‘Divorce reform is long overdue and the Bill had overwhelming support amongst the public and in Parliament. I hope Parliament can return to this asap.’

Forsters partner Jo Edwards, chair of Resolution’s family law reform group, said: ‘It’s obviously incredibly frustrating, given the support from politicians across the House, the judiciary, and the public, as well as Resolution members like myself. The argument for no fault divorce has been put and won, and it’s simply down to wider events in Westminster and elsewhere that the Bill is not continuing its smooth passage through Parliament.’

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NEWS
Ceri Morgan, knowledge counsel at Herbert Smith Freehills Kramer LLP, analyses the Supreme Court’s landmark decision in Johnson v FirstRand Bank Ltd, which reshapes the law of fiduciary relationships and common law bribery
The boundaries of media access in family law are scrutinised by Nicholas Dobson in NLJ this week
Reflecting on personal experience, Professor Graham Zellick KC, Senior Master of the Bench and former Reader of the Middle Temple, questions the unchecked power of parliamentary privilege
Geoff Dover, managing director at Heirloom Fair Legal, sets out a blueprint for ethical litigation funding in the wake of high-profile law firm collapses
James Grice, head of innovation and AI at Lawfront, explores how artificial intelligence is transforming the legal sector
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