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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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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

International hospitality and leisure specialist joins corporate team as partner

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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