An elite team of lawyers has been hired to stop the UK government from triggering the Article 50 procedure for Brexit without an Act of Parliament.
Mishcon de Reya, acting for a group of unnamed clients, has retained David Pannick QC and Tom Hickman, of Blackstone Chambers, along with Rhodri Thompson QC, of Matrix, and Anneli Howard, of Monckton Chambers.
The firm said notice to withdraw from the EU via Article 50 would be unlawful and open to legal challenge without an Act of Parliament.
Kasra Nouroozi, partner at Mishcon, said: “The result of the Referendum is not in doubt, but we need a process that follows UK law to enact it. The outcome of the Referendum itself is not legally binding and for the current or future Prime Minister to invoke Article 50 without the approval of Parliament is unlawful.
“Article 50 simply cannot be invoked without a full debate and vote in Parliament.”
Writing in NLJ this week, Geoffrey Bindman QC agrees that an Act of Parliament is required to invoke Article 50. He says: “Sovereignty after centuries of painful struggle has come to reside in Parliament, not in a single popular yes or no vote.
“It is the responsibility of the members of Parliament to weigh up the evidence and reach an informed and measured decision. There is ample opportunity for them to do so. The referendum result is a factor they are well qualified to take into account, together with other vital factors: the quality of the information and arguments put before the public during the referendum campaign and relevant events following the result. Parliament should be given the opportunity to decide whether the Article 50 process should be initiated or not.”
