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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

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MOVERS & SHAKERS

Clarke Willmott—Megan Bradbury

Clarke Willmott—Megan Bradbury

Corporate team welcomes paralegal in Southampton

Howard Kennedy—Paul Moran

Howard Kennedy—Paul Moran

London firm strengthens real estate team with partner appointment

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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