David Vitale: Leaving the EU: A Matter of “Trust”? – UK Constitutional Law Association

Posted April 9th, 2019 in brexit, news, referendums, treaties by sally

‘Since the referendum in 2016, the Government has repeatedly justified its decisions on Brexit by invoking the concept of public trust. In December last year, the Prime Minister rejected the idea of a second referendum because, in her view, it “would do irreparable damage to the integrity of our politics, because it would say to millions who trusted in democracy, that our democracy does not deliver”. Then, last month, the Prime Minister said that not leaving the EU would cause “potentially irreparable damage to public trust”. And most recently, the Government – when confronted with a public petition to revoke Article 50 and remain in the EU – relied upon this concept of public trust to justify its ultimate rejection of that petition.’

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UK Constitutional Law Association, 9th April 2019

Source: ukconstitutionallaw.org

Inquiry launched into data use from no-deal Brexit ads on Facebook – The Guardian

Posted April 5th, 2019 in advertising, brexit, data protection, internet, news, referendums by tracey

‘The information commissioner’s office will use its legal powers to obtain information from Facebook about a secretive network of pro-Brexit advertising campaigns on the social network, following revelations about the involvement of Sir Lynton Crosby’s company in campaigns pushing for a hard no-deal Brexit.’

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The Guardian, 4th April 2019

Source: www.theguardian.com

Sam Fowles: Extending Article 50 – Key Legal Issues – UK Constitutional Law Association

Posted March 15th, 2019 in brexit, EC law, news, parliament, referendums, time limits by sally

‘With the second defeat of Theresa May’s Withdrawal Agreement, the subsequent vote to reject a “no-deal” Brexit, and the proposed votes today to extend the Art. 50 period, we must consider the legal practicalities of such an extension.’

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UK Constitutional Law Association, 14th March 2019

Source: ukconstitutionallaw.org

Judicial review is not “politics by another means” – UK Human Rights Blog

Posted March 11th, 2019 in appeals, brexit, judicial review, news, referendums by sally

‘The Court of Appeal has turned down an appeal against an application seeking judicial review of May’s triggering of Article 50 under the power granted to her by the European Union (Notification of Withdrawal) Act 2017. The applicants sought a declaration that this was unlawful because it was “based upon the result of a referendum that was itself unlawful as a result of corrupt and illegal practices, notably offences of overspending committed by those involved in the campaign to leave the EU”.’

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UK Human Rights Blog, 9th March 2019

Source: ukhumanrightsblog.com

The case for a referendum re-run – New Law Journal

Posted January 23rd, 2019 in brexit, constitutional law, news, political parties, referendums by sally

‘How close is Plan B for a People’s Vote? David Wolchover reports.’

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New Law Journal, 18th January 2019

Source: www.newlawjournal.co.uk

Hedge fund use of private exit polls attracts City watchdog – The Guardian

Posted January 16th, 2019 in brexit, financial regulation, hedge funds, news, referendums by sally

‘The City watchdog is considering fresh guidelines around the sale of private polling data to hedge funds looking to profit from major political events such as Brexit.’

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The Guardian, 15th January 2019

Source: www.theguardian.com

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