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Brexit: could it be stopped?

08 September 2017
Issue: 7761 / Categories: Legal News , Brexit
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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

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

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Jackson Lees Group—five promotions

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Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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