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.
Scottish MPs are still preparing their lifeboat to escape the "doomed liner" of Brexit, according to the SNP, despite the ruling.Pete Wishart told MPs that those living north of the border do not plan to go "to the deeps with this stricken Government".He mocked ministers with nautical-themed jokes after Foreign Secretary Boris Johnson insisted the UK will make a "Titanic" success of leaving the EU.With a majority of Scots backing Remain at June's referendum, SNP Commons leader Mr Wishart said: "It's little wonder that the Foreign Secretary refers to this process and compares it to the Titanic."Because what we have is a stricken, doomed liner going to the bottom of the ocean taking its captain with it."I can tell you Mr Speaker, we and Scotland are preparing our lifeboat to get out of this because there's no way we're going to the deeps with this stricken Government."Commons Leader David Lidington replied: "You are trying to work yourself up into a sense of rage that I'm afraid I do find wholly synthetic."
Mark Carney has been speaking as he announces the Bank of England's growth forecasts and that he won't be changing interest rates.He said during that separate press conference that the new High Court ruling was "an example of the uncertainty that will characterise this process".
Gina Miller, the London-based investment fund manager who helped bring the legal challenge, is speaking on Sky. She says that Nigel Farage should be more responsible in his rhetoric - and that he should celebrate the win because it protects the sovreignty of parliament
Shadow Brexit secretary Sir Keir Starmer has said the Government must now produce its negotiating plan for MPs to vote on."The Prime Minister was trying to sideline Parliament and the court has now ruled against her and reminded her that Parliament is sovereign, so the Government needs to urgently review its approach and refer this issue to Parliament where it should be debated," he said.Sir Keir told BBC Radio 4's World At One: "Of course there is a mandate for leaving the EU, and we have to accept and respect the result of the referendum."But the terms, and how we leave the EU, are vitally important."He added: "I really don't think that, in light of this ruling, the Government can get away with refusing to disclose its negotiating stance."
The director of the Vote Leave campaign, Dominic Cummings, has said the Article 50 court ruling is "reasonable".
Theresa May will discuss the Brexit process with European Commission president Jean-Claude Juncker on Friday.
The phone call will take place at the request of the Prime Minister, Mr Juncker's spokesman told reporters in Brussels.
Asked about the High Court ruling, the spokesman said: "We will not comment on issues that pertain to the internal legal and constitutional order of our member states."
He added: "The Article 50 procedure, as set out in the treaty, requires the consent of the European Parliament for any Article 50 agreement."
The spokesman said all the other members of the EU would like to see a "swift" notification of Article 50 to begin the Brexit process.
"It was not the commission that asked for a swift notification under Article 50," he said. "If memory doesn't fail me, it was all 27 member states that asked for it at the highest level."
The spokesman said it was not a matter for the European Commission to speculate on the impact of the High Court ruling on the timing of Article 50 being triggered.
Mark Carney has said today's ruling adds to the uncertainty defining post-Brexit Britain:
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