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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
Comments
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.

(This is the bit of his written case that Eadie is developing.) http://pbs.twimg.com/media/Cy6WoRgWIAAnCtI.jpg

JolyonMaugham5 December 2016 12:16

Crucial q asked of the government's lawyers now- Was 1972 European Communities Act neutral about whether UK member of European treaties?

Siobhan Fenton5 December 2016 12:23

The 1972 European Communities Act was the legislation which brought the UK into the EU

Siobhan Fenton5 December 2016 12:26

Eadie now takes us to De Keyser's Hotel and this section. http://pbs.twimg.com/media/Cy6Y71gW8AAYDFO.jpg

JolyonMaugham5 December 2016 12:30

In football terms:Can government exercise prerogative - still in own half.Can prerogative be used to affect rights - in opposing half.

davidallengreen5 December 2016 12:31

Eadie shows the SC these passages from De Keyser. http://pbs.twimg.com/media/Cy6aPXIWIAAgR98.jpg

JolyonMaugham5 December 2016 12:32

Eadie trying to make this be all about de Keyser's - wholly irrelevant IMO. This case is *not* about whether prerogative removed by Parlt

Gavin Phillipson5 December 2016 12:36

It's about whether the prerogative can be used so as to frustrate the purpose of a statute or remove rights granted by or under statute.

Gavin Phillipson5 December 2016 12:36

De Keyser case referred to in court is a case from 1920 when a hotel owner sought compensation for the army occupying his hotel during WWI

Siobhan Fenton5 December 2016 12:39

Governmentt officials took possession of the hotel under 'Defence of the realm' laws, the hotel owner sought compensation for financial loss

Siobhan Fenton5 December 2016 12:40

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