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08 September 2017
Issue: 7761 / Categories: Legal News , Brexit
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Brexit: could it be stopped?

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Could legal argument yet bring Brexit to an abrupt halt? If so, it would be a sensational resolution of the biggest political issue of our time. Writing in NLJ online barrister David Wolchover, formerly Head of Chambers at 7 Bell Yard, contends that there is no mandate for the UK to be taken out of the EU.

Wolchover sets out a careful and detailed argument, which extends argument he advanced in June in Counsel Magazine online, and which could provide the basis for the issue to be heard by the European Court of Justice.

In his article, Wolchover looks at the legal status of the EU referendum, argues that the European Union (Notification of Withdrawal) Act 2017 could be considered superfluous, and asserts that the Act could be ‘described as Wednesbury unreasonable (after the test in Associated Provincial Picture Houses Ltd v Wednesbury Corporation (1948) 1 KB 223’.

He writes: ‘For the government to have assumed that Parliament had affirmed a mere 37% of the registered electorate as an expression of the national will to leave the EU is manifestly so unreasonable an assumption that no reasonable person acting reasonably could have made it.’

Issue: 7761 / Categories: Legal News , Brexit
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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
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