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26 January 2017 / Michael Zander KC
Issue: 7731 / Categories: Opinion , Brexit , EU
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Art 50: the verdict (take 2)

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Michael Zander QC reviews the Supreme Court’s decision & its implications

By the time the Supreme Court gave its decision in R (Miller) v Brexit Secretary [2017] UKSC 5, early on Tuesday morning, even ministers had accepted that the government was going to lose. The question being asked was whether the decision would be unanimous. One assumes that the President, Lord Neuberger, tried his utmost to avoid dissents, but a single judgment by a clear majority of 8-3 means there is no possible room for debate as to the clarity of the outcome. Triggering Art 50 requires an Act of Parliament.

Additional reasoning

The majority endorsed the Divisional Court’s decision and its chief reason—that the executive could not by exercise of the royal prerogative take away rights created by domestic law. But the main basis of the Supreme Court’s decision was a different and additional reason that did not figure at all in the Divisional Court’s judgment. The main thrust of the Supreme Court’s decision was that triggering Art 50

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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