Category Archives: Court Challenges

Uk in EU status goes to ECJ!

Congratulations Brexpats Hear our Voice! Breaking News: https://www.theguardian.com/politics/2018/feb/07/british-group-wins-right-to-take-brexit-case-to-european-court   BRUSSELS/BERLIN/LUXEMBOURG A court in Amsterdam has decided to refer questions to the Court of Justice of the EU in the case of 5 British nationals in the Netherlands after they brought a landmark legal case which had argued that their existing EU citizenship rights could not be removed following the UK referendum to leave the EU. The judge ruled on Wednesday that questions should be referred. Reacting to the ruling Jane Golding, Chair of British in Europe said: 'We are delighted that the Dutch court has decided to refer this case to Luxembourg. The applicants … Continue Reading ››

Update following High Court ruling on 3 November 2016

On 3 November 2016, the High Court in London ruled in one of the most significant UK constitutional law cases for decades on the triggering of Article 50. The ruling did not, however, concern the result of the EU referendum. The question before the Court was:
“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 ››

Supreme Court Hearing (5-8 December 2016)

Last week, the appeal hearing in the Article 50 case, R (Miller and another) v. Secretary of State for Exiting the European Union took place over the course of four days (5-8 December 2016). The Government had been given the right to appeal the judgment of the High Court (link to judgment)and to bring a “leapfrog” appeal to the Supreme Court. All 11 Supreme Court justices sat and heard submissions from the Government (the appellant), and for the respondents in the appeal, Gina Miller and Deir Tozetti Dos Santos, as well as two interested parties and … Continue Reading ››

R(Miller) v. Secretary of State for Exiting the European Union

Appellant (Defendant in the High Court)
  • Secretary of State for Exiting the European Union
Respondents (Claimants in the High Court)

03. November 2016 – High Court Judgment Day

  • 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