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Hendersons - Barristers' Chambers
News 3rd Nov 2016

High Court rules that Government does not have power to give notice under Article 50 of the Lisbon Treaty without Parliamentary approval

Counsel: Patrick Green QC, Henry Warwick and Matthieu Gregoire.

The Divisional Court has today handed down its landmark Judgment in R (Miller and Dos Santos) v Secretary of State for Exiting the European Union [2016] EWHC 2768 (Admin). A copy of the Judgment can be found here.

The Lord Chief Justice, Master of the Rolls and Lord Justice Sales have upheld the case made by the Claimants, Interested Parties and Interveners that notification under Article 50 of the Lisbon Treaty of a decision to leave the European Union cannot be given by the Government in exercise of prerogative powers and without the approval of Parliament. The Court found that the giving of notice would inevitably give rise to the loss of rights conferred by Parliament under the European Communities Act 1972 and the Secretary of State would have no power to do so accordingly.

Patrick Green QC, Henry Warwick and Matthieu Gregoire of these Chambers, instructed by Croft Solicitors, represented members of ‘Fair Deal for Expats‘, an organisation whose members are among the 1-2 million British Citizens who live in other member states of the EU.

An alerter setting out the key points arising from the Judgment can be seen here.

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