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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

Freeths—Rachel Crosier

Freeths—Rachel Crosier

Projects and rail practices strengthened by director hire in London

DWF—Stephen Hickling

DWF—Stephen Hickling

Real estate team in Birmingham welcomes back returning partner

Ward Hadaway—44 appointments

Ward Hadaway—44 appointments

Firm invests in national growth with 44 appointments across five offices

NEWS
Refusing ADR is risky—but not always fatal. Writing in NLJ this week, Masood Ahmed and Sanjay Dave Singh of the University of Leicester analyse Assensus Ltd v Wirsol Energy Ltd: despite repeated invitations to mediate, the defendant stood firm, made a £100,000 Part 36 offer and was ultimately ‘wholly vindicated’ at trial
The Police and Criminal Evidence Act 1984 transformed criminal justice. Writing in NLJ this week, Ed Cape of UWE and Matthew Hardcastle and Sandra Paul of Kingsley Napley trace its ‘seismic impact’
Operational resilience is no longer optional. Writing in NLJ this week, Emma Radmore and Michael Lewis of Womble Bond Dickinson explain how UK regulators expect firms to identify ‘important business services’ that could cause ‘intolerable levels of harm’ if disrupted
Criminal juries may be convicting—or acquitting—on a misunderstanding. Writing in NLJ this week Paul McKeown, Adrian Keane and Sally Stares of The City Law School and LSE report troubling survey findings on the meaning of ‘sure’
The Serious Fraud Office (SFO) has narrowly preserved a key weapon in its anti-corruption arsenal. In this week's NLJ, Jonathan Fisher KC of Red Lion Chambers examines Guralp Systems Ltd v SFO, in which the High Court ruled that a deferred prosecution agreement (DPA) remained in force despite the company’s failure to disgorge £2m by the stated deadline
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