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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.

Breaking- while we've been in court, Theresa May has U-turned and now WILL reveal Brexit plans before Article 50 independent.co.uk/news/uk/politi…

Siobhan Fenton6 December 2016 16:26
JolyonMaugham6 December 2016 16:31

Court is now adjourned until tomorrow morning

Siobhan Fenton6 December 2016 16:34

The judges, and our live coverage, will be back from 10:30am tomorrow when Lord Pannick QC will continue making arguments against government

Siobhan Fenton6 December 2016 16:36

Now that we're at the half way mark of the Brexit legal challenge (2 days down out of 4), a few observations...

Siobhan Fenton6 December 2016 16:36

We've now seen the Government's main arguments and, like last time, the crux seems to be the 2015 Referendum Act being so poorly worded...

Siobhan Fenton6 December 2016 16:37

...and lack of codified constitution resulting in such uncertainty that there's no guidance for Brexit and Theresa May can do what she wants

Siobhan Fenton6 December 2016 16:38

That wasn't enough to convince the court last time, and so may not be enough now too

Siobhan Fenton6 December 2016 16:39

There had been speculation the govt would argue Article 50 was not irreversible- which would help their case that citizens don't lose...

Siobhan Fenton6 December 2016 16:40

...rights through Brexit. However, that hasn't emerged as a new tactic

Siobhan Fenton6 December 2016 16:41

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