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19 September 2019
Issue: 7856 / Categories: Legal News , Brexit , Constitutional law
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Nation transfixed by the Supreme Court

All eyes were on the Supreme Court livestream this week as eleven Justices heard argument on the matter of whether the decision to prorogue Parliament was lawful.

Writing in a number of dispatches on proceedings in NLJ this week, Michael Zander QC, Emeritus Professor, LSE, said he had initially agreed with retired Justice Lord Sumption that the court would rule the case not justiciable. After reading Lord Pannick’s Written Case for Gina Miller, the lead appellant in the English High Court appeal, however, he said: ‘I have changed my mind.

‘I now think there is a fair chance that the decision will go the other way.’

In his written case, Lord Pannick argues the Divisional Court was wrong to hold that the first question was whether the matter was justiciable and only if so, whether there had been a public law error. He highlights the fact the Prime Minister did not make a witness statement explaining the decision. Lord Pannick further argues that the legal principle of parliamentary sovereignty was engaged and the advice given to the monarch was an abuse of power because of the length of prorogation and because of evidence that the Prime Minister was, Lord Pannick says, ‘acting by reference to improper considerations which are inconsistent with the very notion of Parliamentary sovereignty’.

After looking at the Advocate General Lord Keen’s arguments on behalf of the government, Zander said the government also had ‘a strong case’.

Outlining the main points put forward by the government’s legal team, Zander writes that the government’s arguments include that the power to prorogue Parliament has historically been ‘used for political purposes including the purpose of restricting the time available to debate legislation and for long periods including at moments of political importance. In the First World War, Parliament was prorogued for a period of 53 calendar days. In August 1930 after the Wall Street Crash, it was prorogued for 87 days’.

Moreover, ‘advice about prorogation involved the weighing up of political considerations, including how most effectively to secure the government’s political and legislative objectives and agenda,’ Zander writes.

The case continues, at the time of going to press.

MOVERS & SHAKERS

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Firm promotes senior associate and team leader as wills, trusts and probate team expands

Asserson—Michael Francos-Downs

Asserson—Michael Francos-Downs

Manchester real estate finance practice welcomes legal director

McCarthy Denning—Harvey Knight & Martin Sandler

McCarthy Denning—Harvey Knight & Martin Sandler

Financial services and regulatory offering boosted by partner hires

NEWS
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
The government has pledged to ‘move fast’ to protect children from harm caused by artificial intelligence (AI) chatbots, and could impose limits on social media as early as the summer
All eyes will be on the Court of Appeal (or its YouTube livestream) next week as it sits to consider the controversial Mazur judgment
An NHS Foundation Trust breached a consultant’s contract by delegating an investigation into his knowledge of nurse Lucy Letby’s case
Draft guidance for schools on how to support gender-questioning pupils provides ‘more clarity’, but headteachers may still need legal advice, an education lawyer has said
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