Brexit Briefing - What Prorogation?


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What Prorogation?

As mentioned in our last Bulletin, the prorogation of Parliament began in September 2019. The decision to suspend Parliament was challenged in the courts. The first challenge was made in the English courts which found that the suspension was lawful. The second challenge was made in the Scottish courts who ultimately found that the suspension was unlawful. Gina Miller brought an appeal against the English decision and the Advocate General brought an appeal against the Scottish decision.

These appeals were heard by the Supreme Court from 17th to 19th September. After this two day hearing, all 11 justices unanimously agreed that Prime Minister Johnson's decision to prorogue Parliament was unlawful. The Court held that as the decision was unlawful, the prorogation did not have effect and that Parliament had not been prorogued. The decision enabled Parliament to reconvene the next day, with heated exchanges taking place between members of Parliament.


Talks Resume

The UK has resumed talks with the EU on a withdrawal agreement. It is not at all clear that a deal can be made before 31 October 2019. A recent leaked document confirmed that the UK government are struggling to come up with ideas to solve the Irish backstop issue. Many EU leaders have stated that they believe another extension is the most likely short term outcome.


In other news...

Many significant business interests in the UK have already been impacted by Brexit; Barclays has moved investments out of the UK, British Steel have gone into liquidation citing Brexit challenges and Flybmi ceased operations, blaming Brexit as the cause of its collapse. The government has published guidance on family law disputes involving the EU after Brexit. Spain has implemented legislation to protect the 300,000 Britons living in Spain. However they have warned that these conditions will be removed if they are not reciprocated.


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The content of this page is a summary of the law in force at the date of publication and is not exhaustive, nor does it contain definitive advice. Specialist legal advice should be sought in relation to any queries that may arise.

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