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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

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley strengthens family law team

Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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