Friday 11 November 2016

Brexit case ~ Government grounds of appeal

On 10th November, the government published a summary of its grounds for appealing to the Supreme Court of the UK the High Court's judgment in Miller.

The summary may be read HERE.

The case under appeal is the decision of the High Court in The Queen on the application of (1) Gina Miller and others; (2) Deir Tozetti Dos Santos v The Secretary of State for Exiting the European Union.   Here is the High Court's full judgment or via Bailii and previous post with links to the transcripts of the 3 day hearing -High Court hearing on article 50 litigation.

The High Court held that the Secretary of State does not have power under the Crown's prerogative to give notice pursuant to Article 50 of the TEU for the United Kingdom to withdraw from the European Union.

Previous posts - The Article 50 "Brexit" appeal - a note and for links to numerous commentaries on the case see The High Court's decision in Miller - Collection of materials

The appeal will be heard by the Supreme Court en banc - i.e. all 11 of the present justices will sit.  The hearing will commence on 5th December.

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