Art 50 BREXIT case – hearing set for October with possible leapfrog to the Supreme Court

19 Jul 2016

Before a packed courtroom this morning the Divisional Court considered the future management of a number of legal challenges concerning the proper process for BREXIT, and in particular the question of whether Parliament must be involved in any decision to trigger the EU withdrawal process.

The presiding judges, Sir Brian Leveson, President of the Queen’s Bench Division, and Mr Justice Cranston, heard from a number of potential claimants with diverse interests. The Court ruled that there should be a lead claim, namely the proceedings to be issued by 29 July 2016 by Mrs Gina Miller, represented by Mischcon de Reya. Other potential claimants, including a number of individuals represented by Bindmans, Edwin Coe LLP, Crofts Solicitors, Bhatia Best LLP and other litigants in person have been given permission to pursue claims in parallel or act as interested parties in the lead claim.

The court has also ordered the Government to respond to a number of judicial review letters before action, including that sent by Mischcon de Reya, and a letter sent by Bindmans, which has been published here.

The case will be heard over two days from mid-October 2016 by a Divisional Court including the Lord Chief Justice. Given the constitutional importance of the case the Court is also making arrangements for a “leapfrog” appeal to be heard by the Supreme Court in December 2016 ahead of the Government’s projected timetable for triggering Article 50 TEU at the start of 2017.

Anneli Howard is instructed by Mischcon de Reya to represent Mrs Gina Miller, the lead Claimant.

Gerry Facenna QC and Jack Williams are instructed by Bindmans LLP on behalf of a number of individuals, including British citizens living in other Member States. The Bindmans claim is supported by funding raised through the crowdfunding platform Crowdjustice.