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01 February 2018
Issue: 7779 / Categories: Legal News , Brexit
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Peers blast Brexit Bill

Pressure grows for Labour to back a soft Brexit

The Brexit Bill began its second reading in the House of Lords this week, with a record 188 Peers lined up to speak, in the wake of a committee report branding the Bill ‘constitutionally unacceptable’ and leaked government analysis predicting Brexit will harm the economy.

A record 188 Peers were lined up to speak in the debate, which began as government analysis, leaked to Buzzfeed News, predicted weakening economic growth by 8% in the event of ‘no deal’, 5% if a free trade agreement is reached and 2% with continued single market membership. Meanwhile, pressure is mounting on the Labour Party leadership to back the case for staying in the single market and customs union. Campaign group Open Britain, which has published a report in which MPs, trade unionists and academics put the case for a soft Brexit entitled ‘Busting the Lexit Myths’, urged Jeremy Corbyn to ‘come off the fence’.

Peers may also be influenced by the House of Lords Constitution Committee’s devastating report this week on the European Union (Withdrawal) Bill. It warns the current form of the Bill risks undermining legal certainty, gives overly-broad powers to ministers and may have significant consequences for the relationship between the UK government and the devolved administrations.

Baroness Taylor of Bolton, who chairs the committee, said: ‘We acknowledge the scale, challenge and unprecedented nature of the task of converting existing EU law into UK law, but as it stands this Bill is constitutionally unacceptable.

‘In our two previous reports we highlighted the issues this raised and we are disappointed that the government has not acted on a number of our recommendations.’

The committee’s interim report, in September, warned that the Bill ‘weaves a tapestry of delegated powers that are breath-taking in terms of both their scope and potency’; that its capacity to undermine legal certainty was ‘considerable’; and that it was ‘highly complex and convoluted in its drafting and structure’. 

MOVERS & SHAKERS

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

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From first-generation student to trailblazing president of the London Solicitors Litigation Association, John McElroy of Fieldfisher reflects on resilience, identity and the power of bringing your whole self to the law

Clarke Willmott—Elaine Field

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Planning and environment team expands with partner hire in Manchester

Birketts—Barbara Hamilton-Bruce

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Firm appoints chief operating officer to strengthen leadership team

NEWS
A landmark Supreme Court ruling has underscored the sweeping reach of UK sanctions. In NLJ this week, Brónagh Adams and Harriet Campbell of Penningtons Manches Cooper say the regime is a ‘blunt instrument’ requiring only a factual, not causal, link to restricted goods
Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
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