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01 August 2019 / Nicholas Dobson
Issue: 7851 / Categories: Features , Public , Constitutional law , Brexit
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Electioneering & misconduct in public office

Nicholas Dobson reflects on how & why the recent private prosecution against Boris Johnson failed

  • The district judge erred in issuing a summons against Boris Johnson for misconduct in public office for campaigning statements made before the June 2016 EU Referendum.

Elections invariably invoke strong passions as well as a rather creative approach to electioneering. So when a defeated challenger once accused former Nicaraguan dictator Anastasio Somoza of ballot-rigging he was told that ‘You won the elections, but I won the count’.

In the UK passions certainly ran high before the EU referendum on 23 June 2016. Boris Johnson’s controversial ‘Vote Leave’ bus advert: ‘We send the EU £350m a week, let’s fund our NHS instead’, attracted widespread and impassioned outrage, particularly among Remain advocates. On the other side, the government leaflet circulated at public expense to every UK household warned that: ‘If the UK voted to leave the EU, the resulting economic shock would put pressure on the value of the pound, which would risk higher prices

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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