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15 December 2016 / Michael Zander KC
Issue: 7727 / Categories: Features , Public , Brexit , EU , Constitutional law
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Brexit Supremes

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What did we learn from the Supreme Court’s hearing of the Brexit case? Michael Zander QC on whether the outcome can be predicted

  • There were around 140 substantive judicial interventions during the oral argument in the Art 50 case.

In some quarters R (Miller and Dos Santos) v Secretary of State for Existing the European Union was regarded as an attempt to stop or at least delay Brexit. Whatever the motives of those who initiated the litigation in the aftermath of the referendum vote last June, by the time it reached the Supreme Court, it was clear that it would achieve neither objective. On Thursday 7 December, the penultimate day of the four-day hearing, the House of Commons emphasised that reality by voting by 448 to 75 approving the triggering of Art 50 before 31 March 2017.

“One hopes that a leak from the Supreme Court can be discounted as improbable”

But for all that, the case is important. The Supreme Court recognised its importance and sensitivity by having all 11 justices sitting and making it possible for hundreds of thousands

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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
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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