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04 May 2016
Issue: 7697 / Categories: Legal News , Brexit
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Should all Brit ex-pats vote on Brexit?

Calls for all British citizens to have right to vote in the EU Referendum

Up to two million Britons resident elsewhere in the EU for more than 15 years could be given the right to vote in the EU Referendum if the Court of Appeal decides in their favour.

Last week, the High Court rejected a legal challenge brought by 94-year-old WWII veteran Harry Shindler and White & Case partner Jacquelyn MacLennan, who live in Italy and Belgium, respectively. However, it has given permission for the case to go to the Court of Appeal.

Leigh Day, acting for the two claimants, argued that British citizens were being unlawfully denied their right to vote under the EU Referendum Act 2015 since the Referendum could lead to them losing their status as EU citizens and the protection of EU law. The claimants argued that the 15-year limit, established by s 2 of the 2015 Act, effectively penalised them for exercising their free movement rights.

Harry Shindler has called on Prime Minister David Cameron to push legislation scrapping the limit through Parliament before the vote.

Richard Stein, partner at Leigh Day, says he will try to take the case to the Supreme Court: “We believe that there is precedent for fast-track legislation being put through Parliament in a matter of days in response to court judgment, so there would be no need for the referendum to be delayed if the Supreme Court rules in our favour.

“Since this is a vote in a referendum rather than in an election there is no need to link the votes of Britons in Europe to any particular constituency in the UK. Possession of a British passport should be enough.”

Meanwhile, Home Secretary Theresa May, who supports Britain staying in the EU, ruffled feathers by calling for an exit from the European Convention on Human Rights because “it can bind the hands of Parliament”.

Writing in NLJ this week, Michael Zander QC, emeritus professor, LSE, accuses May of being “simply incorrect”.

“The Human Rights Act 1989 only requires the courts of this country ‘to take account’ of decisions of the Strasbourg Court,” he points out, whereas “UK courts can set aside Acts of Parliament in breach of EU law”.

Issue: 7697 / Categories: Legal News , Brexit
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MOVERS & SHAKERS

Constantine Law—Anita Vadgama

Constantine Law—Anita Vadgama

New senior partner hire at consultant-led employment / regulatory law firm

Ward Hadaway—Emma Swann & Jill Donabie

Ward Hadaway—Emma Swann & Jill Donabie

Firm adds two partners to growing education practice

mfg Solicitors—Lauren Collins, Emily Stancer & Sara Southall

mfg Solicitors—Lauren Collins, Emily Stancer & Sara Southall

Trio of newly qualified solicitors strengthens Worcester office law firm

NEWS
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
The treasury has sought to reassure the legal profession over concerns about cost, bureaucracy and independence when the Financial Conduct Authority (FCA) takes over regulation of anti-money laundering compliance
One out of two barristers has come under pressure from clients to act unethically, according to the results of this year’s Barristers’ Working Lives survey
The Court of Appeal has held the Competition Appeal Tribunal (CAT) was wrong to set aside a Competition and Markets Authority (CMA) decision on unfair pricing of phenytoin, an epilepsy drug
A flagship employment law reform is due to come into effect on 1 July, extending unfair dismissal rights to employees after six months in their job instead of two years
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