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29 April 2020 / Alec Samuels
Issue: 7884 / Categories: Features , Constitutional law
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When the Prime Minister falls ill

19893
Alec Samuels addresses the quandary of dealing with illness or worse in No 10

What happens if the Prime Minister (PM) falls ill, or becomes incapacitated, or dies? The unwritten constitution does not give an answer. We pragmatically ‘bumble through’. The country is governed by the government, usually drawn from the political party with a majority or in command of the House of Commons. The function of government is carried out by the Cabinet. The Cabinet is chosen by the PM, exercising the power to hire and fire, who is a member albeit primus inter pares, first among equals, the leader. His or her influence is enormous.

It is rare for a PM to die in office. Spencer Perceval was assassinated in 1812. Palmerston died in office in 1865. Otherwise a dying PM has resigned, for example, Henry Campbell-Bannerman in 1908, and Andrew Bonar Law in 1923. Other PMs have resigned, thinking that they might be becoming ill and unfit, for example, Harold Macmillan in 1963, though

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Bellevue Law—Lianne Craig

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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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