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10 September 2019
Categories: Legal News , Brexit , Constitutional law , Family
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Brexit consumes Parliament

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.’

MOVERS & SHAKERS

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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