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16 August 2019
Categories: Features , Brexit , EU , Constitutional law
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All Out War (Pt 4): The mad riddle of Brexit

Is it time to turn to thoughts of treason?

On 3 July, the private prosecution against Boris Johnson by the crowdfunding campaigner Marcus Ball for misconduct in public office, on the basis that he repeatedly lied and misled the British public as to the cost of EU membership, expressly stating, endorsing or inferring that the cost of EU membership was £350m per week, was quashed (Johnson v Westminster Magistrates' Court [2019] EWHC 1709 (Admin), [2019] All ER (D) 10 (Jul)).

On 14 August the High Court refused permission to appeal to the Supreme Court and refused to certify that the case raised a point of law of general public importance. Ball could still seek permission direct from the Supreme Court but even if he were to be successful it seems unlikely that the final appeal would be heard before 31 October 2019. 

The quashed judgment of District Judge Coleman dated 29 May 2019 cites a note prepared by Johnson's legal team summarising his position. It states: ‘Consistent with it bearing a political motive, the application

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

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Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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