header-logo header-logo

16 September 2019
Categories: Legal News , Brexit , Constitutional law , EU
printer mail-detail

The Brexit week ahead

Attention focuses on the Supreme Court this week, as Justices consider three appeals on prorogation.

All eleven Justices will hear the appeals, from courts in Scotland, England and Wales, and Northern Ireland. Proceedings begin on 17 September, are scheduled to last three days and will be live-streamed and available to watch on the Supreme Court website.

Last week, the Court of Session (Inner House) held the Prime Minister (PM) acted unlawfully when advising HM the Queen to prorogue Parliament because its purpose was to ‘stymie’ Parliament. Prior to this, the High Court of England and Wales held that the matter was non-justiciable. Similarly, the High Court in Belfast held last week that the court did not have authority to decide on a claim that a no-deal Brexit and imposition of hard border would break the Good Friday peace agreement, as it was a political matter.

On Monday this week, PM Boris Johnson sat down for a Brexit working lunch with EU Commission president Jean-Claude Juncker. EU officials have dismissed the PM’s claims that ‘huge’ progress is being made on Brexit talks and say they are still waiting for plausible suggestions from the UK on the Northern Ireland backstop. The PM’s self-imposed 30-day deadline to produce a viable alternative to the backstop (as promised to German Chancellor Angela Merkel) is due to end on Friday.

Meanwhile, the PM has said he will refuse to comply with the European Union (Withdrawal) (No. 2) Act 2019, which compels him to call for an Art 50 extension, prompting MPs to warn he could be sent to sent to prison for contempt of court. However, proceedings were launched in the Court of Session last week, under which the Clerk of Court could sign the request in Johnson’s stead, if the court so orders. The proceedings rely on the court’s special jurisdiction of nobile officium, to make an order it considers equitable.

Finally, the United Nations Conference on Trade and Development has warned that the UK faces losing billions in exports earnings if it does not secure trade agreements with key markets before a no-deal Brexit. As a member of the EU, the UK has access to approximately 40 trade agreements through which member states obtain preferential market access in about 70 countries. Unless finalised or negotiated before a no-deal Brexit, the UK would lose access to preferential trade agreements and would have to export under World Trade Organization Most Favoured Nation (MFN) tariffs.

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
back-to-top-scroll