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.

Large part of the Supreme Court case is being dedicated to looking at how badly worded the 2015 Referendum Act was

Siobhan Fenton7 December 2016 11:47

Both the government and the claimants agree it was terribly drafted and vague. But both say it goes in their favour

Siobhan Fenton7 December 2016 11:48

Claimants say the Act didn't clearly say it was legally binding and so it wasn't

Siobhan Fenton7 December 2016 11:48

Government says the Act didn't say who got enact Brexit, so there's nothing to stop Theresa May doing what she wants

Siobhan Fenton7 December 2016 11:49

One does have to question what David Cameron was thinking when he drew up the Referendum Act in 2015

Siobhan Fenton7 December 2016 11:49

There has been speculation that Govt thought Brexit was so unlikely, 2015 Referendum Act was written on the basis it wouldn't happen

Siobhan Fenton7 December 2016 11:50

"The so called Great Repeal Bill does not assist the govt. No such bill exists at present" Lord Pannick

Siobhan Fenton7 December 2016 11:54

Lord Pannick QC has concluded his case against the government on behalf of Gina Miller

Siobhan Fenton7 December 2016 12:00

Next up is Dominic Chambers QC who is representing Deir Dos Santos, also arguing against the Government

Siobhan Fenton7 December 2016 12:01

While most of the attention has focused on Gina Miller as a claimant in the case, Deir Dos Santos is also a claimant

Siobhan Fenton7 December 2016 12:07

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