header-logo header-logo

08 September 2017 / David Wolchover
Categories: Features , Brexit , Constitutional law
printer mail-detail

The case of the missing mandate

nlj_7752_davies_1

David Wolchover contends that there is no mandate for the UK to be taken out of the EU & considers how the European Parliament may force a further referendum

Early in June Counsel Magazine online published an article in which I contended that the Prime Minister’s 29 March 2017 letter to President of the Council of Europe Donald Tusk did not, despite its claim, actually trigger Art 50 of the Treaty on European Union (“Article 50: the trigger that never was?”). My argument was and remains that no decision or equivalent declaration of intention has ever been made by the UK to leave the EU and the government enjoys no mandate to embark upon the journey to withdrawal.

Having further contemplated the issue I have formulated a further argument which arguably makes the case against the existence of a mandate for invoking Art 50 incontrovertible. The purpose of this article is to highlight that new argument, which is likely to provide the basis for discreet steps to be taken

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

Birketts—four appointments

Birketts—four appointments

Firm expands partnership with four lateral hires across key practice areas

Harper James—Lottie Hugo

Harper James—Lottie Hugo

Commercial law firm announces appointment of corporate partner

Carey Olsen—Patrick Ormond

Carey Olsen—Patrick Ormond

Partner joins corporate and finance practice in British Virgin Islands

NEWS
Serial sperm donor Robert Albon has lost his bid for a declaration of paternity, ‘on the ground that to grant it would manifestly be contrary to public policy’
The government is considering wholesale reform of consumer class actions—the ‘opt-out’ collective claims certified by the Competition Appeals Tribunal (CAT)
A ‘sophisticated suspected fraud’ may have taken place at PM Law involving the improper removal and misuse of about £39.5m of client funds, the Solicitors Regulation Authority (SRA) has confirmed
The Serious Fraud Office (SFO) will invest in technology to catch tech-reliant fraudsters and handle voluminous case materials
Law firms enjoyed rapid growth in 2025, according to a Financial Benchmarking Survey, published by the Law Society last week
back-to-top-scroll