Brexit legal challenge: Theresa May needs parliamentary approval to trigger Article 50, High Court rules – as it happened

Historic case hands Parliament opportunity to challenge, or even delay, the process of leaving the European Union

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The High Court has ruled on whether Theresa May cannot bypass Parliament when she triggers Britain’s exit from the European Union.

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High Court to give its ruling on Brexit legal challenge

The IndependentThe High Court is set to rule on whether Theresa May has the right to bypass Parliament when she triggers Britain’s exit from the European Union. Three judges will decide a historic case which will either allow that exit to start by the end of March - or could hand MPs and peers the opportunity to challenge, or even delay, the process. Legal experts believe the case – to determine whether the Prime Minister can use the Royal Prerogative to invoke Article 50, without the involvement of Parliament – is “finely balanced”, after weeks of argument.

Article 50 could be revoked once triggered, senior academics claim

The IndependentArticle 50, the untested protocol for a member state leaving the European Union, could be revoked once the process has been triggered, senior academics have claimed. In a wide-ranging report from the UK in a Changing Europe – an independent group of academics led by Professor Anand Menon at King’s College London – the authors also warn that Brexit will place enormous pressure on Parliament, the civil service and the British constitution.

The pound hasn’t reached its lowest point and it’s soon going to get a lot worse, say economists

The IndependentEconomists have warned sterling is likely to plunge to a new record low once Prime Minister Theresa May starts the official proceeding to leave the EU.
A sign of things to come?
The Lord Chief Justice has said the issue before the court is a "pure issue of law".
Campaigners have won their High Court battle over Theresa May's decision to use the royal prerogative in her Brexit strategy.

The High Court has ruled Theresa May's government cannot trigger Article 50 through the use of the royal prerogative. 

The High Court has ruled the government must get parliamentary approval to trigger Article 50.
The Government has said it will appeal the High Court's decision.
You can read the judgement in full here.
The Government's lawyer says the Supreme Court has set aside the 5th and 8th of December for hearing their appeal against the ruling.

The High Court just ruled parliament can derail Brexit

The IndependentTheresa May’s plans for triggering Brexit were plunged into chaos today by a sensational High Court judgment that she cannot bypass Parliament. Three judges ruled the Prime Minister does not have the right to use the Royal Prerogative to invoke the Article 50 notice to leave the EU without involving MPs and peers. The extraordinary development throws into confusion whether Ms May cans tick to her timetable to trigger Article 50 by the end of March – and leave the EU by spring 2019.
The Government has been given the go-ahead to appeal against the ruling at the Supreme Court.

Brexit legal appeal could be overturned within weeks

The IndependentThe Government has been given the go-ahead to appeal the court ruling that MPs must vote before Britain can leave the EU. That could mean that the decision – which could allow MPs to overrule Brexit entirely – could be reversed within weeks. The Government has been given permission to take its appeal straight to the Supreme Court, the highest legal authority in the UK, and get around the need for going to the Court of Appeal.

Campaigners have won their High Court battle over Theresa May's decision to use the royal prerogative in her Brexit strategy.

In one of the most important constitutional cases in generations, three senior judges ruled the Prime Minister does not have power to use the prerogative to trigger Article 50 of the Lisbon Treaty to start the UK's exit from the European Union - without the prior authority of Parliament.

The ruling against the Government was made by Lord Chief Justice Lord Thomas, sitting with two other senior judges in London.

The Government has been given the go-ahead to appeal against the ruling at the Supreme Court.

Judgment: R (Miller) -V- Secretary of State for Exiting the European Union

 

Judgment: R (Miller) -V- Secretary of State for Exiting the European Union

Unless overturned on appeal at the Supreme Court, the ruling threatens to plunge the Government's plans for Brexit into disarray as the process will have to be subject to full parliamentary control.

Government lawyers had argued that prerogative powers were a legitimate way to give effect "to the will of the people" who voted by a clear majority to leave the European Union in the June referendum.

But the Lord Chief Justice declared: "The Government does not have power under the Crown's prerogative to give notice pursuant to Article 50 for the UK to withdraw from the European Union."

The Government has been given the go-ahead to appeal against the ruling at the Supreme Court but made no immediate announcement about whether it will.

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