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As it happenedended

Brexit legal challenge: 'A six year old child could see flaws in Government's Brexit plans', Supreme Court told

Fourth and final day of the Supreme Court Brexit legal challenge has been heard and the judges have now retired to consider their decision

Siobhan Fenton
London
Thursday 08 December 2016 05:06 EST
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Lead claimant in the Article 50 case, Gina Miller arrives at the Supreme Court in London
Lead claimant in the Article 50 case, Gina Miller arrives at the Supreme Court in London (EPA)

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The Government's Brexit plans are so flawed "even a six year old child could see it", the Supreme Court has been told.

The claims were made by Richard Gordon QC, Law Officer of the Welsh Government, who told the court Welsh politicians should be allowed to approve plans to trigger Article 50.

The Supreme Court was hearing final arguments in the Brexit legal challenge as the case entered its fourth and final day.

Opponents to the Government's Brexit plans outlined their case; with representatives of Wales, Scotland, ex-pats and children's rights putting their case to judges.

The Government's lawyers then had their final opportunity to refute the claims and make their case that Theresa May has sufficient authority to trigger Article 50 without a vote from MPs. The argued the 2015 Referendum Act which outlined the terms of the EU referendum did not specify who could trigger Article 50.

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All 11 of the Supreme Court justices, who are the most senior judges in the UK, heard the case and have now retired to reach their decision.

A judgment is expected to be announced early in the new year.

Dos Santos is a 37-year-old hairdresser, born in Brazil. He says he actually voted Leave but still thinks parliament should decide on A50

Siobhan Fenton7 December 2016 12:09

Here's what Dos Santos has said about his reasons for bringing the case, previously: independent.co.uk/news/uk/home-n…

Siobhan Fenton7 December 2016 12:11

"The courts will take no notice of the will of the people, expect where that will is expressed in a statute of parliament" Dominic Chambers

Siobhan Fenton7 December 2016 12:12

I'm at Supreme Court with live coverage on the Brexit legal case, where lawyers are now arguing against government: independent.co.uk/news/uk/politi…

Siobhan Fenton7 December 2016 12:16

"The source of law in domestic rights is absolutely critical" Dominic Chambers

Siobhan Fenton7 December 2016 12:18

While we've been in court, some Labour MPs have said they'll vote against PM revealing Brexit plans-as it's a 'trap' independent.co.uk/news/uk/politi…

Siobhan Fenton7 December 2016 12:25

"EU rights take effect in UK domestic law solely through the assent of parliament" Dominic Chambers

Siobhan Fenton7 December 2016 12:47

Chambers is advancing in considerable detail the idea that only parliament can remove British citizens' rights, and EU withdrawal would...

Siobhan Fenton7 December 2016 12:50

... mean removal of certain rights, only parliament can initiate Brexit- not Theresa May. This was a key argument in the High Court case

Siobhan Fenton7 December 2016 12:50

And in the ruling then judges appeared to say it was among the most convincing arguments, so Chambers is reiterating it again here in depth

Siobhan Fenton7 December 2016 12:51

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