header-logo header-logo

29 March 2019 / David Wolchover
Categories: Opinion , Brexit , Public
printer mail-detail

Brexit intrigue & misconduct

David Wolchover sets out why moves are afoot to prosecute the prime minister for misconduct in public office

On Friday 22 March Oxford University Professor of Physics Joshua Silver and I formally asked Westminster Magistrates’ Court for a summons against the prime minister alleging misconduct in public office, a crime under common law carrying a maximum of life imprisonment. The application was adjourned to April 9 for a full oral hearing before the Deputy Senior District Judge for England and Wales.

This is no stunt. Nobody is above the law, least of all high officers of state administering major government business. Although the allegation concerns the activation of Article 50 on 29 March 2017, the conclusive evidence only surfaced in January, as I recently revealed in New Law Journal (‘Did activating Article 50 constitute an indictable offence?’ 12 March 2019).

Our case essentially hinges on the statutory basis of the European Referendum 2016. As the Supreme Court affirmed in the landmark Miller decision it was no more than ‘advisory,’

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

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