Wednesday 28 September 2016

Brexit litigation - the arguments

The court hearing relating to whether constitutionally Parliament should authorise the triggering of Article 50 is approaching.

Mishcon de Reya has published the Skeleton Argument of the Lead Claimant (Gina Miller) - link HERE.

Monckton Chambers has published the "Interested Parties Skeleton Argument" to be used in the forthcoming High Court hearing - Article 50 litigation: Interested Parties' skeleton argument.   The People’s Challenge IPs invite the Court to declare that the UK’s constitutional arrangements mean that only Parliament can lawfully “decide” to leave the EU for the purposes of Article 50 TEU; and that the Defendant may only “notify” such a decision to the European Council under Article 50(2) TEU once he has been properly authorised to do so by an Act of Parliament.

The government's Detailed Grounds of Resistance are HERE and the Secretary of State's Skeleton Argument is HERE  

The case will be heard at a public hearing in the High Court (Queen's Bench Divisional Court) commencing 13th October.

Previous posts on this topic:-

The role of Parliament - (with links to various arguments on this subject)

Brexit Another legal challenge in Northern Ireland

Article 50 again: Litigation; QMV and Trade agreements

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