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As it happenedended

Brexit legal challenge live: British citizens will lose rights through EU withdrawal, Supreme Court told

A third day of arguments has been made in the Brexit Supreme Court appeal

Siobhan Fenton
London
Wednesday 07 December 2016 05:22 EST
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Brexit at the supreme court: Day Three

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Gina Miller's legal representative has outlining the case against the Government in day three of the four day Supreme Court appeal on Brexit.

Lord Pannick QC represented Ms Miller and told the court Theresa May does not have sufficient authority to trigger Article 50 and instead the case must go to MPs.

Representing fello claimant Deir Dos Santos, a hairdresser born in Brazil, QC Dominic Chambers told the court only parliament has the power to take away British citizens' rights, which EU withdrawal would inevitably do.

The court was also told both Scotland and Northern Ireland must approve triggering Article 50 before the Government does so. A majority of people in Scotland (62 per cent) and Northern Ireland (56 per cent) voted to Remain.

The day before, while the court was sitting, Ms May announced during a visit to the Gulf that she will reveal her Brexit plans before triggering Article 50, in what appears to be a signifcant U-turn on her previous position.

Catch up on everything that happened in court today:

The Prime Minister has previously said she plans to trigger Article 50 by the end of this Spring.

If MPs are entitled to vote on Article 50, it could delay Brexit considerably or ensure it is a 'soft Brexit' rather than a 'hard Brexit' as politicians could insist protectionist clauses are inserted before EU withdrawal.

The Supreme Court case is expected to last four days.

A judgment is anticipated for early in the new year.

Judge is now citing one of Eadies' case examples from yesterday, saying he read it overnight and doesn't think it's comparable to this case

Siobhan Fenton6 December 2016 11:15

Eadie says he accepts lots of his examples aren't quite like the Brexit challenge, he's using them to illustrate certain elements- not all

Siobhan Fenton6 December 2016 11:16

Judge- are we saying the referendum may as well have never happened because the question will have to go to parliament any way?

Siobhan Fenton6 December 2016 11:20

Judge says that has major political consequences. Eadie says we're here to look at the legal consequences, not the political ones

Siobhan Fenton6 December 2016 11:20

Judge agrees

Siobhan Fenton6 December 2016 11:20

Eadie- Great Repeal Bill will have "great complexities", adding dryly that it "will give us years of entertainment" figuring it out

Siobhan Fenton6 December 2016 11:30

Eadie says there is "eternal optimism" about the Great Repeal Bill

Siobhan Fenton6 December 2016 11:31

(Which sounds exactly like something a politician might say, while having little legal weight) ...

Siobhan Fenton6 December 2016 11:32

... (- again contradicting his earlier call for law not politics)

Siobhan Fenton6 December 2016 11:32

While we've been in court this morning, the EU's chief negotiator Michel Barnier has said a Brexit deal could be reached by Oct 2018

Siobhan Fenton6 December 2016 11:41

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