header-logo header-logo

05 December 2018 / David Wolchover
Categories: Features , Brexit
printer mail-detail

The myth that Article 50 is a one-way street

David Wolchover explains exactly why Article 50 can be unilaterally rescinded

With the predicted failure of the government to get its Brexit deal through the Commons, the Labour leadership is said to be aiming to initiate a general election via a no confidence vote with plan B, a second People’s Vote incorporating a no-Brexit option. Let us suppose that this time the choice is remain.

Or, indulging in a bit of make-believe, suppose after the debate a Commons majority writes off Brexit altogether as a car crash waiting to happen. In reaching that conclusion, they harness the grave breaches of electoral law and information regulations committed by Leave campaigners as wiping out the legitimacy of the wafer-thin Leave vote. Perhaps it even dawns on some of our less numerate legislators—finally—that to describe the Leave vote by 37% of the registered electorate as expressing the will of the people is an arithmetic absurdity, a mathematical monstrosity.

Since well before the prime minister activated Art 50 of the Treaty on European Union,

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

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
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
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
back-to-top-scroll