Stay up to date with notifications from The Independent

Notifications can be managed in browser preferences.

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
Comments
Brexit at the supreme court: Day Three

Your support helps us to tell the story

From reproductive rights to climate change to Big Tech, The Independent is on the ground when the story is developing. Whether it's investigating the financials of Elon Musk's pro-Trump PAC or producing our latest documentary, 'The A Word', which shines a light on the American women fighting for reproductive rights, we know how important it is to parse out the facts from the messaging.

At such a critical moment in US history, we need reporters on the ground. Your donation allows us to keep sending journalists to speak to both sides of the story.

The Independent is trusted by Americans across the entire political spectrum. And unlike many other quality news outlets, we choose not to lock Americans out of our reporting and analysis with paywalls. We believe quality journalism should be available to everyone, paid for by those who can afford it.

Your support makes all the difference.

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.

"Constitutional change is [for] the political, accountable actors in it" i.e. politicians not judges

Siobhan Fenton6 December 2016 14:41

John Larkin QC rests his case for the government about Northern Ireland

Siobhan Fenton6 December 2016 14:51

And now the arguments against the Government will be heard. Beginning with Lord Pannick, representing Gina Miller

Siobhan Fenton6 December 2016 14:52

This is where things will get really interesting and we should have a flavour within the course of the next hour or so who may win the case

Siobhan Fenton6 December 2016 14:53

Lord Pannick will of course be arguing that the High Court made the right decision and MPs must get to vote on Article 50

Siobhan Fenton6 December 2016 14:54

He says the Government is wrong on 7 counts and he will now talk us through each of the 7 ways

Siobhan Fenton6 December 2016 14:54

"It would be quite extraordinary if the 1972 Act could be set at nought by a minister acting without parliamentary authority" Lord Pannick

Siobhan Fenton6 December 2016 14:57

"Parliament clearly intended ministers should not have these powers [to trigger Article 50" Lord Pannick

Siobhan Fenton6 December 2016 14:58

"Parliament had imposed a clear system on parliamentary control on changes to the treaties" Lord Pannick

Siobhan Fenton6 December 2016 14:59

"There is no relevant prerogative power here"

Siobhan Fenton6 December 2016 14:59

Join our commenting forum

Join thought-provoking conversations, follow other Independent readers and see their replies

Comments

Thank you for registering

Please refresh the page or navigate to another page on the site to be automatically logged inPlease refresh your browser to be logged in