October date for Brexit challenge
A legal challenge to the process of the UK's withdrawal from the European Union will be heard at the High Court in October, two judges at a preliminary hearing said yesterday.
As reported, the judges were hearing details of a legal challenge to Brexit that claimed MPs should be required to vote before Article 50 of the Lisbon Treaty can be triggered to begin the formal process of Britain's exit from the EU.
The challenge will be heard over two days in mid-October by the Lord Chief Justice.
Yesterday, the court heard that the challenge brought by law firm Mishcon de Reya on behalf of investment manager Gina Miller and unnamed businesses was one of a number of actions challenging the Brexit process that are likely to be combined for the full hearing. The challenges include one involving expatriates based in France.
The lead case contends that formal Brexit negotiations cannot begin without an Act of Parliament.
Government lawyers argue that triggering Article 50 does not require Parliamentary approval, but told the court that Prime Minister Theresa May does not plan to begin the formal withdrawal process before the end of the year.
The statement in court is in line with comments from the Secretary of State for Exiting the European Union, David Davis.
One of the judges, Sir Brian Leveson, told the hearing the case was of 'such constitutional importance' that it could eventually be subject to appeal directly to the Supreme Court.
