GOVERNMENT LOSES ROUND ONE OF BREXIT LEGAL CHALLENGE AS HIGH COURT RULES THAT THE APPROVAL OF PARLIAMENT IS REQUIRED TO TRIGGER ARTICLE 50

The post below was first published on our Litigation blog In a landmark constitutional law ruling, the High Court yesterday ruled that the UK Government cannot trigger Article 50 without the approval of Parliament: R (Miller) v Secretary of State for Exiting the EU [2016] EWHC 2768 (Admin). The ruling is a victory for the claimants who … Read more

Government loses round one of legal Brexit challenge

High Court rules that the approval of parliament is required to trigger Article 50. In a landmark constitutional law ruling (R(Miller) v Secretary of State for Exiting the EU) the High Court today held that the UK Government cannot trigger Article 50 of the Treaty on the European Union (Article 50) without the approval of Parliament. … Read more

High Court in Belfast rejects Brexit challenge

The High Court in Belfast dismissed two judicial review challenges to the Government's proposed invocation of Article 50 of the Treaty on European Union, which would trigger the UK's withdrawal from the EU: McCord [2016] NIQB 85. The case considered only issues unique to the Northern Irish proceedings.  The Court has not made any decision on the … Read more

Is the consent of the Scottish Parliament required for Brexit?

Westminster retains the right to legislate in relation to Scotland, in any matter – the Sewel Convention does not provide Scottish Parliament with a veto. It has been suggested that because the laws of Scotland cannot be incompatible with EU law (Article 29(2) Scotland Act 1998), this means that if an Article 50 notice is … Read more