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21 July 2017
Issue: 7755 / Categories: Legal News
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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
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NLJ Career Profile: Stephen Ward, The Barrister Group

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Commercial property partner joins Clarke Willmott in Southampton

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Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
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.

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