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15 November 2018
Issue: 7817 / Categories: Features , Brexit
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All Out War (Pt 3): why has Brexit policy failed?

​Can the Duke of Wellington stop Brexit?

  • With policymakers stymied by Brexit, a legal mechanism—the Victorian criminal offence of ‘open and advised speaking’ contained in s 3 of the Treason Felony Act 1848—could provide a way out.

Boris Johnson complained in September that ‘there has been a collective failure of government, and a collapse of will by the British establishment, to deliver on the mandate of the people,’ (Daily Telegraph, 28 September 2018). Lawyer and writer David Allen Green has also commented on this failure: ‘The Article 50 process means that the UK leaves the EU by automatic operation of law on 29 March 2019, unless something exceptional and currently unforeseeable happens. This is the fundamental legal truth which informs almost all the current politics about Brexit… [The] reason why legal (and legalistic) issues have become so important—almost determinative—in Brexit is because of the complete failure of UK policy’ (Jack of Kent blog, 11 September 2018). Professor Mark Elliott, an academic who has written extensively about the impact of Brexit on the UK constitution,

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MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
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