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: Ken Fowlie, Stowe Family Law

NLJ Career Profile: Ken Fowlie, Stowe Family Law

Ken Fowlie, chairman of Stowe Family Law, reflects on more than 30 years in legal services after ‘falling into law’

Gardner Leader—Michelle Morgan & Catherine Morris

Gardner Leader—Michelle Morgan & Catherine Morris

Regional law firm expands employment team with partner and senior associate hires

Freeths—Carly Harwood & Tom Newton

Freeths—Carly Harwood & Tom Newton

Nottinghamtrusts, estates and tax team welcomes two senior associates

NEWS
Read All
‘Lost years’ precedent overturned
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
NLJ this week: Neutral counsel in a polarised age
The cab-rank rule remains a bulwark of the rule of law, yet lawyers are increasingly judged by their clients’ causes. Writing in NLJ this week, Ian McDougall, president of the LexisNexis Rule of Law Foundation, warns that conflating representation with endorsement is a ‘clear and present danger’
NLJ this week: Short lets & sharp covenants
Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes
NLJ this week: Justice at the algorithm’s edge
Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing
NLJ this week: When ‘milk’ really means milk
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
Copyright © 2026 LexisNexis
back-to-top-scroll