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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

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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