Brexit legal challenge live: High court hears court case on triggering Article 50

The case will decide whether Britain can leave the EU without a parliamentary vote

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The Independent Online

Brexit is to be challenged in court for the first time, in a case against the Government's right to trigger Article 50 without parliamentary approval. 

The High Court will hear whether Theresa May has the power to take the UK out of the EU without MPs voting on it. The case has been brought forward by Gina Miller, an investment banker, among others.

The Tory MP Dominic Raab has accused Miller of "a special kind of arrogance" in launching her challenge. In an interview on the Today programme Mr Raab said: “Parliament doesn't get a veto on beginning the Brexit negotiations. Frankly, I think this is a pretty naked attempt to steal the referendum by the back door."

Follow the latest updates on the legal challenge below:

Live Updates

I'm at the Royal Courts of Justice, reporting on the legal case against Brexit starting today. Live updates here independent.co.uk/news/brexit-le…
Challengers "The basic truth is parliament is sovereign & once it has given rights, they cannot be taken away by executive" #BrexitChallenge
Challengers "Very simply, government policy is not law" #BrexitChallenge
Challengers "[Referendum] Act has no legal or constitutional substance whatsoever. It was an advisory referendum, no more than that"
Challengers' legal team now listing to the court rights given to British citizens through EU law #BrexitChallenge
Reposte given that Westminster could pass new laws to keep these rights, regardless of EU membership
Challengers' lawyer responds that not all rights could be granted- British people lose right to vote in EU elections or free movement
Challengers' lawyers says for the government to suggest Westminster can pass new laws to keep EU rights is asking the wrong question...
... "the defendant [government] simply has no power to take [EU] rights away in the first place" regardless of whether they later reinstate
Challengers' lawyer tells court Brexit means citizens lose right to appeal to EU courts- a right which can't be replaced by Westminster
"the defendant [government] cannot lawfully use prerogative to trigger Article 50 because it has the effect of depriving citizens' rights"
Challengers' lawyer now reading out case law which he says establish the principle executive alone cannot revoke rights given by parliament
Fire Brigades Union case cited as key case law in #BrexitChallenge legal bid
For context, that's a 1995 case which considered the extent of ministerial prerogative powers, whereby Lords ruled Home Sec acted unlawfully
... in how it handled a compensation scheme for victims of crime
Challengers' lawyer tells court Parliament has previously intervened in a number of cases including EU treaties #BrexitChallenge
Challengers' lawyer going through each of the government's arguments (which they were forced to release last week) and rebutting them
Challengers' lawyer "The conventional practice is when there are negotiations at the international level, which will amend treaties like...
... Maastricht or Lisbon substantially, negotiations have taken place but not been ratified until parliament has been involved"
Court told none of the government's arguments take into account "the exceptional, if not unique, characteristics of EU law" #BrexitChallenge

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