The Supreme Court hands down judgment in the Brexit litigation – an Act of Parliament is required to invoke Article 50

24 January 2017

The Supreme Court has today handed down judgment in the Brexit litigation (the Miller case, the Agnew case and the McCord case). Lord Neuberger, the President of the Supreme Court, has given the lead judgment. Lady Hale, the Deputy President, and Lord Mance, Lord Kerr, Lord Clarke, Lord Wilson, Lord Sumption have concurred with his judgment. Lords Reed, Carnwath and Hughes have dissented.

The Court finds, amongst other things, that the Government cannot give notice pursuant to Article 50 of the Treaty on European Union of the United Kingdom's intention to withdraw from the European Union without an Act of Parliament providing prior authorisation to do so. The Court has therefore upheld the decision of the High Court ([2016] EWHC 2768 (Admin))  (see here for the judgment).

The full written judgment can be found by clicking here. A press summary can be found by clicking here.

The Government will be responding later today. The Secretary of State for Exiting the European Union, David Davis MP, is likely to announce when a Bill will be tabled in the Commons. The Government has a self-imposed deadline of triggering Article 50 by the end of March 2017.

Further information

Kingsley Napley will be commenting further over the next few days. 

Please follow our Brexit blog and Twitter feed @KNBrexitLegal for regular updates on Brexit and how it may affect you, your family and/or business.

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