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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

Kennedys—Milan Devani

Kennedys—Milan Devani

Chief information officer appointment strengthens technology leadership

Maguire Family Law—Hannah Barlow & Sophie Hughes

Maguire Family Law—Hannah Barlow & Sophie Hughes

Firm strengthens Wilmslow team with two solicitor appointments

DWF—Ian Plumley

DWF—Ian Plumley

Londoninsurance and reinsurance practice announces partner appointment

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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