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09 January 2019
Issue: 7823 / Categories: Legal News , Brexit
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Cooper defeats no-deal Brexit

Cross-party amendment to curb government’s powers on exit day

Labour MP Yvette Cooper has succeeded in blocking the government from leaving the EU without a deal unless MPs have specifically consented.

Cooper’s cross-party amendment to the Finance Bill, which passed by 303 to 296 votes, is a major victory, making the Conservatives the first ruling party to lose the Finance Bill vote in 41 years. The amendment would curb the government’s tax administration powers on the 29 March 2019 exit day unless one of three conditions has been met. These are that Parliament has approved a deal with the EU; an Art 50 extension has been agreed with the other 27 EU Member States; or Parliament has specifically consented through a vote to a no-deal Brexit.

Some 20 Conservatives rebelled to vote for Cooper’s amendment, and the Labour leadership also gave support.

Speaking in the Commons, Cooper said: ‘I think we have a responsibility not to just stand by.’

Meanwhile, barrister David Wolchover of Ridgeway Chambers, writing in NLJ this week, confidently predicts that both opposition and ruling parties will eventually support a second referendum, if the prime minister’s deal is defeated (see p12).

This new People’s Vote could remedy the ‘fiasco’ of the first one, Wolchover says, as long as it was ‘properly constructed and managed’ and included a threshold. The mechanism for it could be a standalone bill in the House of Lords along with a separate Bill postponing the 29 March 2019 exit day.

Wolchover reiterates the point that the 2016 referendum was advisory only and contends that Theresa May’s decision to activate Art 50 on the basis alone of the referendum result ‘flew in the face of the EU Referendum Act 2015 and as such was arguably unconstitutional’. He also complains of ‘barefaced gerrymandering’ since nearly a million expatriates were denied a vote and of ‘serious criminal offending’ in terms of Vote Leave’s £450,000 overspend above the £7m limit.

Issue: 7823 / Categories: Legal News , Brexit
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MOVERS & SHAKERS

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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