On 3 November the High Court decided that the Government cannot give notice under Article 50 of the Treaty on European Union without Parliamentary approval. The Government has announced its intention to appeal the decision and arrangements have been made for the case to be heard directly by the Supreme Court (by-passing the Court of Appeal) in early December. If the Supreme Court upholds the High Court’s decision, the Government will be forced to put Brexit to Parliament. The High Court’s decision should not prevent the UK from leaving the European Union, which remains an almost inevitable consequence of the referendum vote. However, the approval process and accompanying debate could delay the currently anticipated timetable of an Article 50 notice by March 2017. This briefing considers the implications of this important decision and outlines the key legal arguments. More publications are available on our Brexit site.
On 3 November the High Court decided that the Government cannot give notice under Article 50 of the Treaty on European Union without Parliamentary approval. The Government has announced its intention to appeal the decision and arrangements have been made for the case to be heard directly by the Supreme Court (by-passing the Court of Appeal) in early December. If the Supreme Court upholds the High Court’s decision, the Government will be forced to put Brexit to Parliament. The High Court’s decision should not prevent the UK from leaving the European Union, which remains an almost inevitable consequence of the referendum vote. However, the approval process and accompanying debate could delay the currently anticipated timetable of an Article 50 notice by March 2017. This briefing considers the implications of this important decision and outlines the key legal arguments. More publications are available on our Brexit site.
