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08 September 2017
Issue: 7761 / Categories: Legal News , Brexit
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Brexit: could it be stopped?

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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
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MOVERS & SHAKERS

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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