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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

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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