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

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

From first-generation student to trailblazing president of the London Solicitors Litigation Association, John McElroy of Fieldfisher reflects on resilience, identity and the power of bringing your whole self to the law

Clarke Willmott—Elaine Field

Clarke Willmott—Elaine Field

Planning and environment team expands with partner hire in Manchester

Birketts—Barbara Hamilton-Bruce

Birketts—Barbara Hamilton-Bruce

Firm appoints chief operating officer to strengthen leadership team

NEWS
A landmark Supreme Court ruling has underscored the sweeping reach of UK sanctions. In NLJ this week, Brónagh Adams and Harriet Campbell of Penningtons Manches Cooper say the regime is a ‘blunt instrument’ requiring only a factual, not causal, link to restricted goods
Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
back-to-top-scroll