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15 December 2016 / Michael Zander KC
Issue: 7727 / Categories: Features , Public , Brexit , EU , Constitutional law
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Brexit Supremes

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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

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MOVERS & SHAKERS

Eversheds Sutherland—Claire Petheram

Eversheds Sutherland—Claire Petheram

Eversheds Sutherland strengthens top-ranked pensions practice with appointment of former global head of pensions

mfg Solicitors—Hannah Finnegan

mfg Solicitors—Hannah Finnegan

Law firm strengthens private client team to support continued growth

Devonshires—Andrew Cromb

Devonshires—Andrew Cromb

Devonshires expands offering with appointment of tax partner Andrew Cromb

NEWS
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners
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