Government loses landmark High Court case on Article 50

Posted On: 
3rd November 2016

The Government faces a crunch Brexit vote in Parliament after losing a landmark High Court case today on the triggering of Article 50.

A trio of judges found that Theresa May was not entitled to kick of the process of leaving the EU without first consulting MPs and peers. 

However the Government may appeal the case to the Supreme Court, which has set aside time at the beginning of December to hear a potential case.

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There have also been suggestions that ministers will accept the ruling and have a vote in Parliament, calculating that the majority of MPs will not want to risk public wrath by going against the result of the June referendum. 

The case was brought by finance entrepreneur Gina Miller and hairdresser Deir dos Santos, who were represented by eminent QC Lord Pannick, who took on the case for free.

The Government, represented by Attorney General Jeremy Wright, argued that the claimants were trying to undermine the referendum result.

In their final submission to the court, however, Mr Wright’s team said it was “very likely” that Parliament would get a say on a future treaty arrangement with the EU.