header-logo header-logo

21 July 2017
Issue: 7755 / Categories: Legal News
printer mail-detail

Wolchover on Brexit: could ministers be criminally liable?

Government ministers who blatantly misrepresented the status of the EU referendum result could potentially be criminally liable.

David Wolchover, barrister at Ridgeway Chambers, makes this assertion online at www.criminallawandjustice.co.uk. His argument is that the circumstances in which Art 50 applied have not arisen, it could not be activated, and the government has no mandate to take us out of the EU. He argues that the referendum was advisory not binding, and an Act of Parliament was required to start the Brexit process.

However, Wolchover says there has been no such Act of Parliament, since the European Referendum (Notification of Withdrawal) Act 2017 is procedural and does not enshrine the result of the referendum as a constitutional decision.

Wolchover also argues that the prime minister and senior ministers may have committed the common law offence of misconduct in public office by wilfully misconstruing the referendum as decisive.

Issue: 7755 / Categories: Legal News
printer mail-details

MOVERS & SHAKERS

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

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
back-to-top-scroll