header-logo header-logo

Home Login E-newsletter About us
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

© Copyright LexisNexis 2026. All Rights Reserved.
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

Read All
Sponsored by
NLJ Career Profile: John McElroy, London Solicitors Litigation Association

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

From first-generation student to trailblazing president of the London Solicitors Litigation Association, John McElroy of Fieldfisher reflects on resilience, identity and the power of bringing your whole self to the law

Clarke Willmott—Elaine Field

Clarke Willmott—Elaine Field

Planning and environment team expands with partner hire in Manchester

Birketts—Barbara Hamilton-Bruce

Birketts—Barbara Hamilton-Bruce

Firm appoints chief operating officer to strengthen leadership team

NEWS
Read All
NLJ this week: Push to scrap ‘vague’ public office misconduct law
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
NLJ this week: World Cup faces legal storm before kick-off
FIFA’s 2026 Men's World Cup is already mired in controversy, with complaints over ‘excessive prices’ and opaque ticketing. Writing in NLJ this week, Professor Dr Ian Blackshaw of Valloni Attorneys warns that governing bodies may face scrutiny under EU competition law, with allegations of a ‘dominant—if not monopolistic—position’ in ticket sales
NLJ this week: Trade mark practice splits widen post-Brexit
Ten years after Brexit, UK and EU trade mark regimes are drifting apart in practice if not principle. Writing in NLJ this week, Roger Lush and Lara Elder of Carpmaels & Ransford highlight tighter UK scrutiny after SkyKick, where overly broad filings may signal ‘bad faith’
NLJ this week: Sanctions ruling casts ‘wide net’ over global finance
A landmark Supreme Court ruling has underscored the sweeping reach of UK sanctions. In NLJ this week, Brónagh Adams and Harriet Campbell of Penningtons Manches Cooper say the regime is a ‘blunt instrument’ requiring only a factual, not causal, link to restricted goods
NLJ this week: England’s courts cement status as fraud battleground
Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
Copyright © 2026 LexisNexis
back-to-top-scroll