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19 October 2016 / Michael Zander KC
Issue: 7720 / Categories: Features , Public , Brexit , EU , Constitutional law
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Brexit in court

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Michael Zander QC considers the oral arguments in the Art 50 court case

  • The Divisional Court heard arguments over three days as to whether the government can use the royal prerogative to trigger Art 50 of the Lisbon Treaty thereby threatening loss of important statutory EU rights.

The Brexit court case (Santos and M v Secretary of State for Exiting the European Union) is unusual because of its political and constitutional significance. It is also unusual (or, query, unique) because at public expense a transcript of the proceedings was made accessible online within a short time of each morning and afternoon session. The transcript of the three days of oral argument runs to 586 online pages.

Critical contentions

Reading the oral argument with all the judicial interventions offers the opportunity of hazarding an opinion as to what are likely to be the critical contentions the judges will consider when coming to their decision.

The claimants asked the Divisional Court for a declaration by way of judicial review. As amended, the requested declaration was simply that the executive

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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’
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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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