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12 March 2019 / David Wolchover
Issue: 7832 / Categories: Features , Brexit
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Did activating Article 50 constitute an indictable offence?

Brexit countdown alarm clock
Was the prime minister’s triggering of Art 50 wilfully unconstitutional, and did it therefore amount to misconduct in public office? David Wolchover puts forward the case
 

During the years of the coalition government, Prime Minister David Cameron was much exercised by his desire to reverse the growing popularity of the United Kingdom Independence Party (UKIP), to achieve some degree of harmony and peace within the Conservative Party over the issue of the UK’s membership of the European Union, and to consolidate his own position. The solution was to give pride of place in the party’s 2015 election manifesto to the promise of a referendum on continued EU membership.

Having won the election, the new Conservative government immediately set about making legislative provision for the referendum, enacting the European Union Referendum Act 2015 (EURA 2015). The poll was held on 23 June 2016, and of those who cast a vote, 51.89% opted for leave, while 48.11% chose remain. Although the turnout was a relatively high 72%, the leave vote represented only 37% of the registered electorate:

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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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