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03 October 2019 / Simon Parsons
Issue: 7858 / Categories: Features , Brexit , Constitutional law
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Brexit—a constitutional crisis?

8710
Simon Parsons looks at the prorogation decision & the constitutional role of the courts

There are three options in respect of Brexit. First, a soft Brexit with the UK remaining connected to the EU economic arrangements but out of the political arrangements. Second, a hard Brexit with the UK out of the economic arrangements and political arrangements but with a withdrawal agreement including a transitional period of remaining in the EU followed by a Canada-style free trade agreement. There would also have to be some arrangement that does the same job as the Irish backstop but which is acceptable to the Tories and DUP. The third option is crashing out of the EU without a withdrawal agreement, so the UK would be out the economic and political arrangements and would leave on the exit day without a transition period and then trade on WTO terms. There would be no backstop and so the Good Friday Agreement could be at risk. Alternatively, the UK could unilaterally revoke Brexit by operation of Art 50 of the Treaty on European Union. At present there is a

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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