header-logo header-logo

15 January 2018 / David Wolchover
Categories: Features , Brexit , Constitutional law
printer mail-detail

Could Brexit still be halted as Wednesbury Unreasonable?

nlj_7766_moodey_0

In the wake of the start of legal proceedings against the government, David Wolchover argues that even if it is held that Parliament did validly authorise the Prime Minister to trigger Article 50, her exercise of the power may have been ultra vires nonetheless

In four articles published over the last seven months I have argued that in the wake of the Supreme Court’s decision in the Gina Miller case (R (on the application of Miller and another) (Respondents) v Secretary of State for Exiting the European Union (Appellant) [2017] UKSC 5 Parliament never actually mandated the government to trigger Article 50 of the Treaty on European Union. Three challenges to the validity of the government’s purported notification of the United Kingdom’s intention to withdraw from the Union have now begun their journey through the British courts. One has been brought by a retired GP, Dr Andrew Watt (for more on Dr Watt's challenge, see here). The identity of a second, hitherto anonymous, claimant is known to me. A

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

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
back-to-top-scroll