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12 March 2019 / David Wolchover
Issue: 7832 / Categories: Features , Brexit
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Did activating Article 50 constitute an indictable offence?

Brexit countdown alarm clock
Was the prime minister’s triggering of Art 50 wilfully unconstitutional, and did it therefore amount to misconduct in public office? David Wolchover puts forward the case
 

During the years of the coalition government, Prime Minister David Cameron was much exercised by his desire to reverse the growing popularity of the United Kingdom Independence Party (UKIP), to achieve some degree of harmony and peace within the Conservative Party over the issue of the UK’s membership of the European Union, and to consolidate his own position. The solution was to give pride of place in the party’s 2015 election manifesto to the promise of a referendum on continued EU membership.

Having won the election, the new Conservative government immediately set about making legislative provision for the referendum, enacting the European Union Referendum Act 2015 (EURA 2015). The poll was held on 23 June 2016, and of those who cast a vote, 51.89% opted for leave, while 48.11% chose remain. Although the turnout was a relatively high 72%,

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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
The Senior Courts Costs Office has clarified that judges conducting detailed assessment proceedings cannot order security for costs—a ruling that may leave successful parties exposed to further litigation expense
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
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