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Government loses appeal over judges’ pensions

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Jan 30, 2018
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Go to the profile of Nicholas D Hart
Nicholas D Hart 4 months ago

To say that government ministers "took a hit over the Article 50 judicial review" is misleading. They obtained the perfect result for the government, by winning the 3 devolution cases (no need to consult the devolved administrations of Scotland, NI and Wales) and gaining a simple judgement in the main case that all they needed to bring to Parliament was a one clause bill giving the appropriate authority, rather than the much more convoluted one sought by MP's which would have allowed the House to be involved throughout the process. All counsel on the Miller side were puzzled at the time, I understand, by the Government's failure to use the three most powerful arguments available to them to have won the case, had they wanted to. In hindsight, though, taking into account that a win would have left the administration in a sea of constitutional uncertainty, we must assume this outcome was the successful result of high level tactics by its legal team, not a 'hit'.