Brexit legal challenge: Theresa May needs parliamentary approval to trigger Article 50, High Court rules – as it happened
Historic case hands Parliament opportunity to challenge, or even delay, the process of leaving the European Union
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Your support makes all the difference.The High Court has ruled on whether Theresa May cannot bypass Parliament when she triggers Britain’s exit from the European Union.
Here are the latest updates:
- The Government has admitted that an Act of Parliament is likely to be needed to trigger Article 50, delaying Brexit
- Fate of Article 50 now rests with the Supreme Court
- Majority now want to remain in EU, poll finds
- Is this the end of Brexit?
- Bookies slash odds on Brexit not happening
- Theresa May must get approval to trigger Article 50
- What does the ruling mean?
- How the decision affected the pound
- European media brand ruling 'humiliation' for Theresa May
Campaigners have won their High Court battle over Theresa May's decision to use the royal prerogative in her Brexit strategy.
In one of the most important constitutional cases in generations, three senior judges ruled the Prime Minister does not have power to use the prerogative to trigger Article 50 of the Lisbon Treaty to start the UK's exit from the European Union - without the prior authority of Parliament.
The ruling against the Government was made by Lord Chief Justice Lord Thomas, sitting with two other senior judges in London.
The Government has been given the go-ahead to appeal against the ruling at the Supreme Court.
Judgment: R (Miller) -V- Secretary of State for Exiting the European Union
Judgment: R (Miller) -V- Secretary of State for Exiting the European Union
Unless overturned on appeal at the Supreme Court, the ruling threatens to plunge the Government's plans for Brexit into disarray as the process will have to be subject to full parliamentary control.
Government lawyers had argued that prerogative powers were a legitimate way to give effect "to the will of the people" who voted by a clear majority to leave the European Union in the June referendum.
But the Lord Chief Justice declared: "The Government does not have power under the Crown's prerogative to give notice pursuant to Article 50 for the UK to withdraw from the European Union."
The Government has been given the go-ahead to appeal against the ruling at the Supreme Court but made no immediate announcement about whether it will.
Here's how this morning's decision affected the value of the pound...
International Trade Secretary Liam Fox said the Government is "disappointed" at the High Court decision on Article 50, adding "the Government is determined to respect the result of the referendum".
Responding to the High Court decision, Nigel Farage has said:
I worry that a betrayal may be near at hand. Last night at the Spectator Parliamentary Awards I had a distinct feeling that our political class, who were out in force, do not accept the 23rd of June Referendum result.
I now fear that every attempt will be made to block or delay the triggering of Article 50. If this is so, they have no idea of the level of public anger they will provoke.
Speaking outside the Royal Courts of Justice, Gina Miller, one of the claimants who brought the case to law, said the Government should accept the ruling and "make the wise decision of not appealing".
Ministers will appeal against a High Court ruling that Theresa May does not have the power to use the royal prerogative to trigger Brexit, a Government spokesman told the Press Association.
Liberal Democrat leader Tim Farron said the Govenrment must now lay out its negotiating position in Parliament, while Scottish First Minister Nicola Sturgeon described the finding as "significant indeed".
Leave campaigner Dominic Raab has described the decision as "disappointing".
The Tory former minister said: "This case is a plain attempt to block Brexit by people who are out of touch with the country and refuse to accept the result.
"However, the vote to leave the EU was clear and they should not seek to obstruct it.
"Leaving the EU provides us with the opportunity to create a society which works for all. Instead of trying to row back on the referendum result, the country should be moving forward and working together to make a success of Brexit."
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