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Art 50: the verdict

07 November 2016 / Michael Zander KC
Issue: 7722 / Categories: Opinion , Brexit , EU
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Michael Zander QC predicts the government is likely to lose the appeal to the Supreme Court

Asked by NLJ for an immediate assessment of last week’s Brexit decision I wrote: “The Divisional Court’s unanimous decision is very clear and very strong. It completely rejects the arguments advanced by the Attorney General for the government. Triggering Art 50 to start withdrawal from the EU requires parliamentary approval not in the form of a vote but in the form of a statute. It would be extremely surprising if the Supreme Court reversed the decision. The government’s Brexit plans have suffered a major reverse.”

The decision provoked disturbingly offensive front-page newspaper headlines of a kind rarely seen in this country, adorned by large accusing pictures of the three judges: “The judges versus the people” (The Telegraph), “Enemies of the people” (The Daily Mail), “Three judges yesterday blocked Brexit. Now your country really does need you” (Daily Express) and the like. The Lord Chancellor, Liz Truss, with statutory

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In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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