Skip to content
City PM
  • Germany
  • France
  • Europe
  • Markets
  • Business
  • Opinion
  • Germany
  • France
  • Europe
  • Markets
  • Business
  • Opinion
Thursday 06 October 2016 5:36 pm

Article 50 challenge rumbles back into the court next week

By: Hayley Kirton

Add as a preferred source on Google

A legal challenge questioning what actions government needs to take before it triggers Article 50 is due to go to court next week.

The claimants are arguing that government does not have the power to trigger Article 50, and begin the UK's process of leaving the EU, by prerogative and that it can only be done after parliament passes an appropriate statute.

In particular, those bringing the challenge note the referendum was advisory, not binding, in nature and the European Referendum Act 2015 does not specify what the next steps following a Leave decision would be. 

Read more: Hammond vows to fight for the City in Brexit negotiations

Although the government argues that the 2015 Act was passed on the understanding the outcome would be respected as a matter of policy, the claimants assert an understanding alone is not enough to create prerogative powers. 

The courtroom is likely to be full to the brim during the three-day hearing, starting on 13 October and continuing on 17 and 18 October, as the case has been brought by a numerous parties. 

However, the lead claimant is fund boss Gina Miller, who is being represented by solicitors Mishcon de Reya and counsel Lord Pannick QC and Tom Hickman of Blackstone Chambers, Rhodri Thompson QC of Matrix Chambers and Anneli Howard of Monckton Chambers.

Read more: Merkel hits back at May with tough Brexit stance

The other named claimant in the case is Deir Tozetti Dos Santos, who is represented by solicitors Edwin Coe and counsel Dominic Chambers QC and Benjamin John of Maitland Chambers and Jessica Simor QC of Matrix Chambers.

Meanwhile, government recently revealed that Attorney General Jeremy Wright QC will be among its lawyers on case. 

Wright said: "The country voted to leave the European Union, in a referendum approved by Act of Parliament. There must be no attempts to remain inside the EU, no attempts to re-join it through the back door, and no second referendum. We do not believe this case has legal merit."

At an earlier hearing in July to manage the proceedings, Sir Brian Leveson assured the claimants the case, along with any possible appeals stemming from it, would be heard before Article 50 was triggered.

At that hearing, lawyers for the government confirmed it was government's intention not to trigger Article 50 before the end of this year, and Prime Minister Theresa May has since said the official process for exiting the EU will be started before the end of March 2017.

Share this article

  • Facebook
  • X
  • LinkedIn
  • WhatsApp
  • Email

Similarly tagged content:

Sections

  • News

Categories

  • Business
  • Legal
  • Politics

Trending Articles

  • Brewdog chief executive quits after only one year

  • Housebuilding giants hit with £4.5bn lawsuit for allegedly overcharging buyers

  • As it happened: Stocks jump on defence and metals boost; Oil on track to shed a fifth on US-Iran peace hopes

  • UK ‘no longer a serious place’ says Hedge fund boss after losing £200m tax battle

  • Canary Wharf’s reinvention is a triumph

More from City PM

  • Italy to Mount a winning challenge in the Hampton Court

    Sport
    GettyImages 2154472090 depicting a significant event in the news, highlighting key elements relevant to the article context.
  • Judge rejects Gatwick Airport bid to block new relaxed runway slot rules

    Legal
    Gatwick Airport terminal bustling with travelers and staff under bright signage and flight information displays
  • Banks ‘not ready’ for motor finance scheme, says City watchdog

    Banking
    Nikhil Rathi, chief executive of the FCA.
  • Starmer: I would make Andy Burnham a Cabinet minister

    Politics
    Keir Starmer speaking at a podium during a press conference, expressing determination and leadership in political discourse
  • Lex Greensill banned as company director for nine years after multi-billion-pound collapse

    Business
    Lex Greensill speaking at a business conference, wearing a suit and tie, gesturing with his hand while discussing financia...
  • Brexit 10 years on: Business does not want a referendum rerun, says CBI chief

    Business
    CBI Chief Economist Newton-Smith addressing economic trends at a business conference podium with charts in the background
  • Government to take on big tech in bid to boost British news

    Tech
    Breaking news headline image related to a general news article on a business website with no specific tags or categories
  • Deputy PM to unveil AI labs to drag legal sector out of ‘analogue’ age

    Legal
    David Lammy speaking at a press conference, addressing key issues in current political landscape, wearing a formal suit.

City PM — European politics, business and analysis.

Europe

  • Germany
  • France
  • Europe
  • UK & Ireland

Topics

  • Business
  • Markets
  • AI
  • Technology
  • Opinion
  • Energy

More

  • Politics
  • Economics
  • Fintech
  • Legal
  • Sport
  • Life

Company

  • About City PM
  • Editorial Policy
  • Corrections
  • Contact
  • Terms of Use
  • Privacy Policy
  • Cookie Policy
© 2026 City PM · Published by CityPM Media, Bahnhofstrasse 65, 8001 Zürich, Switzerland
About · Editorial Policy · Corrections · Contact · Privacy