Top law firm launch legal challenge to stop Article 50 being invoked without an Act of Parliament

[EdieParfitt]

Heard about this on another MN thread. Here's the press release

Article 50 process on Brexit faces legal challenge to ensure parliamentary involvement

Legal steps have been taken to ensure the UK Government will not trigger the procedure for withdrawal from the EU without an Act of Parliament. The case is being brought by leading law firm, Mishcon de Reya, on behalf of a group of clients. Following publication of articles on the subject this week Mishcon de Reya has retained Baron David Pannick QC and Tom Hickman to act as counsel in this action, along with Rhodri Thompson QC and Anneli Howard.

The Referendum held on 23 June was an exercise to obtain the views of UK citizens, the majority of whom expressed a desire to leave the EU. But the decision to trigger Article 50 of the Treaty of European Union, the legal process for withdrawal from the EU, rests with the representatives of the people under the UK Constitution.

The Government however, has suggested that it has sufficient legal authority. Mishcon de Reya has been in correspondence with the Government lawyers since 27 June 2016 on behalf of its clients to seek assurances that the Government will uphold the UK constitution and protect the sovereignty of Parliament in invoking Article 50.

If the correct constitutional process of parliamentary scrutiny and approval is not followed then the notice to withdraw from the EU would be unlawful, negatively impacting the withdrawal negotiations and our future political and economic relationships with the EU and its 27 Member States, and open to legal challenge. This legal action seeks to ensure that the Article 50 notification process is lawful.

Kasra Nouroozi, Partner, Mishcon de Reya said:

We must ensure that the Government follows the correct process to have legal certainty and protect the UK Constitution and the sovereignty of Parliament in these unprecedented circumstances. The result of the Referendum is not in doubt, but we need a process that follows UK law to enact it. The outcome of the Referendum itself is not legally binding and for the current or future Prime Minister to invoke Article 50 without the approval of Parliament is unlawful.

We must make sure this is done properly for the benefit of all UK citizens. Article 50 simply cannot be invoked without a full debate and vote in Parliament. Everyone in Britain needs the Government to apply the correct constitutional process and allow Parliament to fulfil its democratic duty which is to take into account the results of the Referendum along with other factors and make the ultimate decision.

Anyone wishing to support the action to ensure that the UK Constitution is upheld in this process should email [email protected].

If you have an enquiry please visit //www.mishcon.com/50.

To read more about this from the Financial Times, please click here. Please note this is a subscription based website.

[Valentine2]

Aaaah and there have been instances of parliament / MPs ignoring the will of constituents blatantly but since it was about bombing other people in other countries, I guess majority of these immigrant fearing Leavers just yawned and moved on. Don't see them doing it this time.

[Valentine2]

Corbyn's article in The Guardian today

www.theguardian.com/commentisfree/2016/jul/08/jeremy-corbyn-labour-negotiations-europe-tories-exploit-cheap-labour?CMP=share_btn_tw

"Labour’s membership has surged to half a million. And all of us know freedom of movement will never be accepted if it means the freedom to exploit cheap labour"

Sums it up nicely

[Modalverb1]

The first legal attempt to prevent the prime minister initiating Britain’s withdrawal from the European Union is to be heard 19th July

Guardian link

[MangoMoon]

Aaaah and there have been instances of parliament / MPs ignoring the will of constituents blatantly but since it was about bombing other people in other countries, I guess majority of these immigrant fearing Leavers just yawned and moved on. Don't see them doing it this time.

Valentine, what is that supposed to mean?

In your head you have miraculously conflated people who voted to leave the EU with people who advocate bombing people in other countries.

But yes, it's the Leavers who are fucking crazy ass conspiracy theorists, obviously.

[Lighteningirll]

I'm honestly starting to think that some of the remain voters have Stockholm Syndrome. I voted Leave because I believe (and this is just my opinion and I respect everyone else's and defend their right to one) we are being sleepwalking into an EU Superstate. The trading block we original joined has morphed into a political union that like many management structures is feeds itself and without adequate checks is constantly trying to expand both its influence and its rules. In fact it's past the point of trying it is expanding its areas of influence and rules at a quite alarming rate and I don't want to live under that, I think it's blindingly obvious why not. Either those voting remain do want to live like that, are terrified of the fiscal consequences probably because they are benefiting and are blind to those who aren't, or are in a state of denial about what's happening.