The legal row over the government’s authority to trigger Article 50, and withdraw the UK from the European Union without parliamentary approval, will, as expected, be heard by the Supreme Court, but a final judgment is not anticipated until the new year.
Lord Neuberger, Lord Mance and Lord Kerr have formally granted the government permission to appeal last week’s High Court ruling, with the appeal to be heard by all 11 Justices between 5 and 8 December.
However, the court has confirmed that judgment will be reserved and will probably be given in the new year.
Last week, the Lord Chief Justice, Lord Thomas; the Master of the Rolls, Sir Terence Etherton; and Lord Justice Sales found in favour of fund manager Gina Miller and other claimants, including a Spanish hairdresser and a group of concerned expatriates, in their case against the government.
The High Court judges said: “Parliament intended EU rights to have effect in domestic law and this effect should not be capable of being undone or overridden by action taken by the Crown in exercise of its prerogative powers.”
Article 50 of the Treaty on European Union sets out the procedure by which a member state that has decided to withdraw from the EU achieves that result. The government had intended to give notification under Article 50 and to conduct the subsequent negotiations, in exercise of prerogative powers to conclude and withdraw from international treaties.
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