header-logo header-logo

07 November 2016 / Michael Zander KC
Issue: 7722 / Categories: Opinion , Brexit , EU
printer mail-detail

Art 50: the verdict

nlj_7722_zander

Michael Zander QC predicts the government is likely to lose the appeal to the Supreme Court

Asked by NLJ for an immediate assessment of last week’s Brexit decision I wrote: “The Divisional Court’s unanimous decision is very clear and very strong. It completely rejects the arguments advanced by the Attorney General for the government. Triggering Art 50 to start withdrawal from the EU requires parliamentary approval not in the form of a vote but in the form of a statute. It would be extremely surprising if the Supreme Court reversed the decision. The government’s Brexit plans have suffered a major reverse.”

The decision provoked disturbingly offensive front-page newspaper headlines of a kind rarely seen in this country, adorned by large accusing pictures of the three judges: “The judges versus the people” (The Telegraph), “Enemies of the people” (The Daily Mail), “Three judges yesterday blocked Brexit. Now your country really does need you” (Daily Express) and the like. The Lord Chancellor, Liz Truss, with statutory

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

Ogier—Martin Livingston

Ogier—Martin Livingston

Martin Livingston joins Ogier in Cayman to strengthen regulatory support

Blake Morgan—47 promotions

Blake Morgan—47 promotions

Blake Morgan announces 47 summer promotions across UK offices

NEWS
Consultant-led law firms should prepare for closer regulatory attention as oversight evolves
Artificial intelligence may draft workplace grievances, but employers cannot treat them any differently from conventional complaints
From dishonest claimants to judicial promotions and procedural skirmishes, the latest legal developments offer plenty for litigators to digest
Fresh guidance is set to influence how courts decide whether hearings take place online or in person
County Court judges remain divided over whether landlords can lawfully force entry to carry out essential safety inspections after tenants ignore access injunctions
back-to-top-scroll