header-logo header-logo

Art 50: the clash of the Brexit case arguments

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

Muckle LLP—Phoebe Gogarty

Muckle LLP—Phoebe Gogarty

North East firm welcomes employment specialist

Browne Jacobson—Colette Withey

Browne Jacobson—Colette Withey

Partner joins commercial and technology practice

Ellisons—Lizzy Firmin

Ellisons—Lizzy Firmin

Chief operating officer joins equity partnership

NEWS
Mazur v Charles Russell Speechlys [2025] EWHC 2341 (KB) has restated a fundamental truth, writes John Gould, chair of Russell-Cooke, in this week's NLJ: only authorised persons can conduct litigation. The decision sparked alarm, but Gould stresses it merely confirms the Legal Services Act 2007
The government’s decision to make the Financial Conduct Authority (FCA) the Single Professional Services Supervisor marks a watershed in the UK’s fight against money laundering, says Rebecca Hughes of Corker Binning in this week's NLJ. The FCA will now oversee 60,000 firms across legal and accountancy sectors—a massive expansion of remit that raises questions over resources and readiness 
The High Court's decision in Parfitt v Jones [2025] EWHC 1552 (Ch) provided a striking reminder of the need to instruct the right expert in retrospective capacity assessments, says Ann Stanyer of Wedlake Bell in NLJ this week
Paige Coulter of Quinn Emanuel reports on the UK’s first statutory definition of SLAPPs under the Economic Crime and Corporate Transparency Act 2023in NLJ this week
In this week's NLJ, Sophie Houghton of LexisPSL distils the key lesson from recent costs cases: if you want to exceed guideline hourly rates (GHR), you must prove why
back-to-top-scroll