header-logo header-logo

08 September 2017
Issue: 7761 / Categories: Legal News , Brexit
printer mail-detail

Brexit: could it be stopped?

nlj_7752_davies_2

Could legal argument yet bring Brexit to an abrupt halt? If so, it would be a sensational resolution of the biggest political issue of our time. Writing in NLJ online barrister David Wolchover, formerly Head of Chambers at 7 Bell Yard, contends that there is no mandate for the UK to be taken out of the EU.

Wolchover sets out a careful and detailed argument, which extends argument he advanced in June in Counsel Magazine online, and which could provide the basis for the issue to be heard by the European Court of Justice.

In his article, Wolchover looks at the legal status of the EU referendum, argues that the European Union (Notification of Withdrawal) Act 2017 could be considered superfluous, and asserts that the Act could be ‘described as Wednesbury unreasonable (after the test in Associated Provincial Picture Houses Ltd v Wednesbury Corporation (1948) 1 KB 223’.

He writes: ‘For the government to have assumed that Parliament had affirmed a mere 37% of the registered electorate as an expression of the national will to leave the EU is manifestly so unreasonable an assumption that no reasonable person acting reasonably could have made it.’

Issue: 7761 / Categories: Legal News , Brexit
printer mail-details

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
back-to-top-scroll