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28 March 2019 / David Greene
Issue: 7834 / Categories: Opinion , Brexit , Constitutional law
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Crisis? What crisis?

David Greene lays out the (possible) next steps for Brexit, democracy & the country


We are, no doubt, in a political crisis. One doesn’t need to have taken sides in the debate to conclude to that effect. This process, which has taken a fresh step of indicative votes, has put under the microscope the relationship between the executive and Parliament, having earlier examined the relationship between the government and the judiciary in the Article 50 litigation. The Westminster model which has replicas in many countries, even down to the physical construction of the debating chamber, has broken down. Does it remain fit for purpose?

The UK version of the Westminster model of governance and democracy retains at its heart the foundation stone of elections based on first past the post. This, its advocates say, produces strong governments based on party politics that are in the position to put into effect their manifesto. With a good majority the government can push through its legislative programme as promised to the electorate. It is more difficult when

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NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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