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15 November 2018
Issue: 7817 / Categories: Features , Brexit
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All Out War (Pt 3): why has Brexit policy failed?

​Can the Duke of Wellington stop Brexit?

  • With policymakers stymied by Brexit, a legal mechanism—the Victorian criminal offence of ‘open and advised speaking’ contained in s 3 of the Treason Felony Act 1848—could provide a way out.

Boris Johnson complained in September that ‘there has been a collective failure of government, and a collapse of will by the British establishment, to deliver on the mandate of the people,’ (Daily Telegraph, 28 September 2018). Lawyer and writer David Allen Green has also commented on this failure: ‘The Article 50 process means that the UK leaves the EU by automatic operation of law on 29 March 2019, unless something exceptional and currently unforeseeable happens. This is the fundamental legal truth which informs almost all the current politics about Brexit… [The] reason why legal (and legalistic) issues have become so important—almost determinative—in Brexit is because of the complete failure of UK policy’ (Jack of Kent blog, 11 September 2018). Professor Mark Elliott, an academic who

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MOVERS & SHAKERS

Withers—Sophie Barrett-Brown

Withers—Sophie Barrett-Brown

Withers drives further growth in its UK immigration team with new partner Sophie Barrett-Brown

Venus Legal—Esther Amoako

Venus Legal—Esther Amoako

Venus Legal invests in next generation of legal talent as specialist litigation practice grows

Fisher Phillips—Catrina Smith

Fisher Phillips—Catrina Smith

Fisher Phillips continues momentum in London with arrival of Catrina Smith

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
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