Five members of Brick Court instructed in landmark Article 50 case

Posted on 14 Oct 2016 by Brick Court

Five members of Chambers have been instructed in the landmark constitutional case R (Miller) v Secretary of State for Exiting the European Union. The case arises out of the Prime Minister’s announcement that the government will give notification to leave the EU without seeking the consent of Parliament.

The claimants contend that it would be unconstitutional for the government to trigger the withdrawal process under Article 50 because such a decision would fall outside the scope of its prerogative powers. The case raises a number of fundamental constitutional issues, including the question of whether the executive may override EU law rights which have been incorporated into domestic law by Parliament under the European Communities Act 1972.

The proceedings have attracted a high level of media interest. For example:

http://www.bbc.co.uk/news/uk-politics-37639307

https://www.theguardian.com/politics/2016/oct/13/court-case-battle-looms-over-brexit-legality-article-50

http://www.bbc.co.uk/news/uk-scotland-scotland-politics-37628414

The first day of the hearing took place on Thursday 13^th October and the second day will take place on Monday 17^th October. A transcript of the first day’s hearing has been published here.

Tim Johnston appears for ‘The People’s Challenge’, instructed by Bindmans LLP.

Martin Chamberlain QC and Emily MacKenzie are instructed by by Baker & McKenzie on behalf of the Scottish government.

Richard Gordon QC and Tom Pascoe are instructed by the Welsh government.