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29 April 2020 / Alec Samuels
Issue: 7884 / Categories: Features , Constitutional law
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When the Prime Minister falls ill

19893
Alec Samuels addresses the quandary of dealing with illness or worse in No 10

What happens if the Prime Minister (PM) falls ill, or becomes incapacitated, or dies? The unwritten constitution does not give an answer. We pragmatically ‘bumble through’. The country is governed by the government, usually drawn from the political party with a majority or in command of the House of Commons. The function of government is carried out by the Cabinet. The Cabinet is chosen by the PM, exercising the power to hire and fire, who is a member albeit primus inter pares, first among equals, the leader. His or her influence is enormous.

It is rare for a PM to die in office. Spencer Perceval was assassinated in 1812. Palmerston died in office in 1865. Otherwise a dying PM has resigned, for example, Henry Campbell-Bannerman in 1908, and Andrew Bonar Law in 1923. Other PMs have resigned, thinking that they might be becoming ill and unfit, for example, Harold Macmillan in 1963, though

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MOVERS & SHAKERS

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

Sackers—Louise McRae & Annabella Hwang

Sackers—Louise McRae & Annabella Hwang

Sackers recruits new associates

McHale & Co—Shaun Little & Patrick Byrne

McHale & Co—Shaun Little & Patrick Byrne

Firm bolsters senior team with head of corporate and head of employment

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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