header-logo header-logo

01 December 2016 / Michael Zander KC
Issue: 7725 / Categories: Features , Public , Brexit , EU
printer mail-detail

Art 50: the clash of the Brexit case arguments

nlj_7725_zander

Michael Zander QC reviews the written cases of the government & the lead claimants in next week’s Supreme Court hearing

  • The two sides have opposite approaches to the relevant materials, each backed by many authorities and strong arguments.
  • The hearing is scheduled to last four days from 5 December with judgment expected in January.

The government’s appeal against the Divisional Court’s unanimous ruling in Miller and Dos Santos v Secretary of State for Exiting the EU [2016] EWHC 2768 (Admin), [2016] All ER (D) 19 (Nov) opens on Monday (5 December 2016), for the first time with all 11 justices sitting.

The government (appellant) will again be represented by the attorney general and Mr J Eadie QC. The lead claimants (now the respondents) will again be represented by Lord Pannick QC (both written cases can be accessed here).

The government’s case is that triggering Art 50 is within the executive’s power acting on the international plane under the royal prerogative and that “the

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Ward Hadaway—19 promotions

Ward Hadaway—19 promotions

19 promotions across national offices, including two new partners

Brabners—Ruth Hargreaves

Brabners—Ruth Hargreaves

Partner promoted to head of corporate team

Slater Heelis—Liam Hall, Jordan Bear & Joe Madigan

Slater Heelis—Liam Hall, Jordan Bear & Joe Madigan

Chester office expansion accelerates with triple appointment

NEWS
The Court of Appeal’s decision in Mazur v Charles Russell Speechlys has reignited debate over what exactly counts as the ‘conduct of litigation’ in modern legal practice
A controversial High Court financial remedies ruling has reignited debate over secrecy, non-disclosure and fairness in divorce proceedings involving hidden wealth
Britain’s deferred prosecution agreement regime is undergoing a significant shift, with prosecutors placing renewed emphasis on corporate cooperation, reform and early self-reporting
The High Court has upheld the Metropolitan Police’s live facial recognition policy, rejecting claims that its deployment unlawfully interferes with privacy and protest rights
As AI chatbots increasingly provide legal and commercial advice, English law is beginning to confront who should bear responsibility when automated systems get things wrong
back-to-top-scroll