“whether as a matter of UK constitutional law, the Government is entitled to give notice of a decision to the EU under Article 50 by exercise of the Crown’s prerogative powers and without reference to Parliament.”(Case summary, R(Miller) v. Secretary of State for Exiting the European Union) In other words, is … Continue Reading ››
Appellant (Defendant in the High Court)
- Secretary of State for Exiting the European Union
Respondents (Claimants in the High Court)
- Lead Claim: Gina Miller, Investment Manager represented by Mischcon de Reya, who have appointed Lord Pannick QC and others as counsel in the case. Q&A on the case by Mischcon de Reya
- Judgment in the Article 50 challenge handed down at 10am, 3rd November 2016 in Court in Room 4.
- An appeal by the losing party or parties, ‘leapfrogged’ direct to the Supreme Court to be heard early in December, is very likely.
- The People Challenge launched a new fundraising appeal to cover legal costs. They consider it vital that ordinary people’s EU citizenship rights continue to be defended in this unprecedented important case.
- The Guardian reports:
High court says parliament must vote on triggering article 50
There are several cases that have gone before the High Court in London concerning the democratic process that should be followed post EU Referendum.
The main issue has been over whether the Prime Minister can invoke Article 50 through royal prerogative without reference to Parliament, or if Parliament must be involved in the decision to start the withdrawal process from the EU. As there … Continue Reading ››