header-logo header-logo

15 December 2016 / Michael Zander KC
Issue: 7727 / Categories: Features , Public , Brexit , EU , Constitutional law
printer mail-detail

Brexit Supremes

nlj_7727_zander

What did we learn from the Supreme Court’s hearing of the Brexit case? Michael Zander QC on whether the outcome can be predicted

  • There were around 140 substantive judicial interventions during the oral argument in the Art 50 case.

In some quarters R (Miller and Dos Santos) v Secretary of State for Existing the European Union was regarded as an attempt to stop or at least delay Brexit. Whatever the motives of those who initiated the litigation in the aftermath of the referendum vote last June, by the time it reached the Supreme Court, it was clear that it would achieve neither objective. On Thursday 7 December, the penultimate day of the four-day hearing, the House of Commons emphasised that reality by voting by 448 to 75 approving the triggering of Art 50 before 31 March 2017.

“One hopes that a leak from the Supreme Court can be discounted as improbable”

But for all that, the case is important. The Supreme Court recognised its importance and sensitivity by having all 11 justices

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

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of litigation and dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
back-to-top-scroll