Joseph Barrett succeeds in Art. 50 Notification/EU Referendum legal challenge – 11 KBW

Posted December 11th, 2018 in brexit, EC law, judicial review, news, referendums, time limits by sally

‘Following a day long oral hearing the High Court has dismissed a wide-ranging crowd-funded claim for judicial review which sought to challenge the outcome of the EU Referendum, the giving of Article 50 notification to leave the EU and the alleged subsequent inaction of the Prime Minister in the face of the Electoral Commission’s findings of breaches of campaign finance and other requirements by Vote Leave and other leave campaigners during the 2016 EU Referendum campaign.’

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11 KBW, 10th December 2018

Source: www.11kbw.com

Gavin Phillipson and Alison L. Young: Wightman: What Would Be the UK’s Constitutional Requirements to Revoke Article 50? – UK Constitutional Law Association

Posted December 10th, 2018 in brexit, constitutional law, EC law, news, notification, referendums, Scotland, treaties by sally

‘Today the Court of Justice of the European Union delivered its judgment in Wightman. This followed the opinion of Advocate General Campos Sánchez-Bordona, concluding that the UK may unilaterally revoke its notification of its intention to leave the EU. In a similar manner to the AG, the CJEU placed conditions on this unilateral revocation. A formal process would be needed to notify the European Council of the UK’s intention to revoke article 50. Such notice of revocation would have to be unequivocal and unconditional (para 74), and, importantly, ‘in accordance with the constitutional requirements of the Member State’, in this case, the UK, and following a ‘democratic process’ (para 66). It would also have to take place before the end of the Article 50 negotiation period, or any agreed extension, and before a Withdrawal Agreement between the exiting state and the EU had been ‘concluded’ – i.e. entered into force (para 73). In addition, the AG’s opinion was that any revocation would have to be in ‘good faith’ and in line with the requirement of ‘sincere cooperation’ between the Member State and the EU and. Further, although not required, it would be reasonable for the Member State to provide its reasons for revoking the Article 50 notification.’

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UK Constitutional Law Association, December 2018

Source: ukconstitutionallaw.org

Brexit: UK can unilaterally revoke article 50, says ECJ – The Guardian

‘The UK can unilaterally stop the Brexit process, the European court of justice has said in a ruling that will boost demands for a second EU referendum.’

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The Guardian, 10th December 2018

Source: www.theguardian.com

MPs win right to meaningful vote on Brexit plan B – The Guardian

Posted December 5th, 2018 in brexit, news, parliament, referendums by sally

‘Backbench MPs led by Dominic Grieve have inflicted a humiliating defeat on the government, in an effort to ensure parliament can seize control of what happens in the crucial days after Theresa May’s Brexit deal is voted on.’

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The Guardian, 4th December 2018

Source: www.theguardian.com

TaxPayers’ Alliance concedes it launched smears against Brexit whistleblower – The Guardian

‘The rightwing pressure group the TaxPayers’ Alliance has conceded that it illegally sacked the whistleblower Shahmir Sanni for revealing unlawful overspending in the Brexit referendum campaign, in a case that could have a major impact on how lobbyists are described in the media.’

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The Guardian, 11th November 2018

Source: www.theguardian.com

UK’s top lawyers urge Theresa May to back second Brexit vote – The Guardian

Posted November 5th, 2018 in brexit, news, referendums by sally

‘More than 1,500 of the UK’s top lawyers have urged Theresa May and MPs to back a second Brexit referendum, saying that “democratic government is not frozen in time”.’

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The Guardian, 5th November 2018

Source: www.theguardian.com

Electoral law: unfit for the 21st century? – Counsel

Posted November 2nd, 2018 in brexit, elections, human rights, Law Commission, news, referendums by sally

‘With democracy at risk there’s no excuse for legislative inaction, argue Alison Foster QC, Tom Tabori and Gethin Thomas who make the case for reform and put forward proposals for change.’

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Counsel, November 2018

Source: www.counselmagazine.co.uk

Lawyers for a People’s Vote – Oxford Human Rights Hub

Posted October 23rd, 2018 in barristers, brexit, demonstrations, news, referendums, solicitors by sally

‘Lawyers for a People’s Vote has been established to support the calls for a People’s Vote on the final Brexit deal negotiated by the Government.’

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Oxford Human Rights Hub, 22nd October 2018

Source: ohrh.law.ox.ac.uk

Robert Brett Taylor and Adelyn L. M. Wilson: Seeking and Implementing a Referral on Revocability of Article 50 Following Wightman – UK Constitutional Law Association

Posted October 1st, 2018 in brexit, EC law, judicial review, news, referendums, Scotland, treaties by sally

‘The UK is due to leave the EU on 29 March 2019. The British Government’s draft withdrawal agreement – the so-called Chequers Deal or Plan – has been subject to critique on both sides of the Brexit debate within the UK and was largely dismissed as unworkable by EU leaders on 20 September 2018. The following day, Theresa May declared that the burden was then on the EU to devise a plan for Brexit.’

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UK Constitutional Law Association, 26th September 2018

Source: ukconstitutionallaw.org

Electoral Commission ‘misinterpreted’ Vote Leave expenses, court rules – BBC News

Posted September 17th, 2018 in expenses, fines, news, referendums, statutory interpretation by sally

‘The Electoral Commission misinterpreted EU referendum spending laws allowing Vote Leave to break them, the High Court has ruled.’

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BBC News, 14th September 2018

Source: www.bbc.co.uk

Government given two weeks to respond to Brexit legal challenge – The Guardian

Posted August 20th, 2018 in judicial review, news, referendums by sally

‘Government lawyers have been given a two-week deadline to respond to the latest legal challenge over the legitimacy of the Brexit vote.’

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The Guardian, 17th August 2018

Source: www.theguardian.com

British expats in EU launch Brexit legal challenge – The Guardian

‘British expatriates have launched a fresh legal challenge against the 2016 referendum, arguing that the result has been invalidated by the Electoral Commission’s ruling on leave campaign spending.’

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The Guardian, 14th August 2018

Source: www.theguardian.com

Leave.EU parts ways with Mishcon de Reya amid legal challenge – The Guardian

Posted August 7th, 2018 in elections, expenses, law firms, legal representation, news, referendums by sally

‘The elite London law firm Mishcon de Reya and Arron Banks’ pro-Brexit Leave.EU campaign have parted ways in the midst of Leave.EU’s legal challenge to a ruling it broke electoral law, the Guardian has learned.’

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The Guardian, 7th August 2018

Source: www.theguardian.com

Electoral Commission ‘accuses Vote Leave of breaking law’ – The Guardian

Posted July 4th, 2018 in elections, expenses, news, referendums, reports by sally

‘The elections watchdog has accused Vote Leave of illegal coordination with a student organisation, according to the campaign’s former chief executive, who took the extraordinary step of pre-empting the official investigation.’

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The Guardian, 4th July 2018

Source: www.theguardian.com

Law Pod UK Ep. 38: Brexit – Two years on – 1 COR

Posted June 28th, 2018 in bills, brexit, EC law, immigration, news, referendums, treaties by sally

‘Catherine Barnard of Cambridge University talks to reporter Boni Sones about the progress of the Brexit negotiations two years after the UK narrowly voted to leave the EU in a Referendum on Thursday, June 23rd, 2016.’

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Law Pod UK, 26th June 2018

Source: audioboom.com

Francis Young: Parliament and Taking Back Control: A Precedent from the Maastricht Debates – UK Constitutional Law Association

Posted June 18th, 2018 in bills, constitutional law, EC law, news, parliament, referendums, treaties by sally

‘This post considers whether it is a convention of the British constitution that Parliament cannot direct the executive in the making of treaties. The context, of course, is the current tussle over whether the European Union (Withdrawal) Bill should be amended to allow the House of Commons a “meaningful vote” on the outcome of the current negotiations with the EU.’

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UK Constitutional Law Association, 15th June 2018

Source: ukconstitutionallaw.org

Leave.EU fined £70k over breaches of electoral law – The Guardian

Posted May 11th, 2018 in elections, fines, loans, news, referendums by sally

‘Leave.EU has been fined £70,000 and its chief officer has been referred to the Metropolitan police after the Electoral Commission found it had breached multiple counts of electoral law during the referendum to leave the European Union.’

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The Guardian, 11th May 2018

Source: www.theguardian.com

Court of Appeal backs decision to put neighbourhood plan to referendum – Local Government Lawyer

Posted March 21st, 2018 in local government, news, planning, referendums by tracey

‘Leeds City Council did not act unlawfully when it put a neighbourhood plan to a referendum after modifications had been made that partly differed from those recommended by the examiner, the Court of Appeal has said.’

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Local Government Lawyer, 20th March 2018

Source: www.localgovernmentlawyer.co.uk

Leah Trueblood: The Merits and Meaning of a ‘Second’ Referendum – UK Constitutional Law Association

Posted February 5th, 2018 in constitutional law, constitutional reform, news, referendums, treaties by sally

‘Even before the vote on 23 June 2016, questions were raised about the possibility of a ‘second’ referendum. I place the term ‘second’ in inverted commas because the idea that another vote means another referendum reflects a misunderstanding both about (i) what a referendum is and (ii) the role of referendums in the United Kingdom’s constitutional arrangements. On the ‘second’ referendum view, a referendum is synonymous with a vote. This is not the case. I will argue in this post that a referendum is a multi-stage process of referring a question to voters. This does include one vote, but may well include multiple votes. I will also argue that the conflation of referendums with votes underlies many of the flaws of the Brexit referendum in particular and the use of referendums in the United Kingdom in general. This is not a political argument for or against Brexit. It is a constitutional argument about what the role can and should be for voting in the process of constitutional reform through referendums in the United Kingdom.’

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UK Constitutional Law Association, 5th February 2018

Source: ukconstitutionallaw.org

Ukip to face tribunal over use of data in EU referendum campaign – The Guardian

Posted December 14th, 2017 in elections, news, political parties, referendums, tribunals by sally

‘Ukip is to face a tribunal over its use of analytics during the EU referendum after refusing to cooperate with an investigation by the Information Commissioner’s Office.’

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The Guardian, 13th December 2017

Source: www.theguardian.com