header-logo header-logo

26 January 2017 / Michael Zander KC
Issue: 7731 / Categories: Opinion , Brexit , EU
printer mail-detail

Art 50: the verdict (take 2)

nlj_7731_zander

Michael Zander QC reviews the Supreme Court’s decision & its implications

By the time the Supreme Court gave its decision in R (Miller) v Brexit Secretary [2017] UKSC 5, early on Tuesday morning, even ministers had accepted that the government was going to lose. The question being asked was whether the decision would be unanimous. One assumes that the President, Lord Neuberger, tried his utmost to avoid dissents, but a single judgment by a clear majority of 8-3 means there is no possible room for debate as to the clarity of the outcome. Triggering Art 50 requires an Act of Parliament.

Additional reasoning

The majority endorsed the Divisional Court’s decision and its chief reason—that the executive could not by exercise of the royal prerogative take away rights created by domestic law. But the main basis of the Supreme Court’s decision was a different and additional reason that did not figure at all in the Divisional Court’s judgment. The main thrust of the Supreme Court’s decision was that triggering Art 50

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

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
back-to-top-scroll