Article 50 litigation: Court orders that Government’s arguments can be published

28 Sep 2016 | by Gerry Facenna QC

On Friday 23 September 2016 the “People’s Challenge Interested Parties” published a redacted version of their skeleton argument because the Government had not agreed to publication of any of the content of the Secretary of State’s detailed grounds of resistance.

The People’s Challenge Interested Parties therefore also applied to the Court for clarification, because they considered that the Court’s July 2016 Order was not intended to preclude publication of the pleadings and that the Government’s case should be made available so that the public can understand its position. The details of that application can be read here.

The application was successful. Late yesterday Mr Justice Cranston amended the Court’s Order to provide that: “… the parties are not prohibited from publishing (1) the Defendant’s or their own Detailed Grounds; (2) their own skeleton arguments…”. The Judge observed that “Against the background of the principle of open justice, it is difficult to see a justification for restricting publication of documents which are generally available under the Rules.” The Order can be read here.

The Government’s detailed grounds of resistance in this important case can therefore now be read here.

The People’s Challenge Interested Parties’ un-redacted skeleton argument can be read here.

The People’s Challenge Interested Parties are a number of ordinary UK and EU citizens living in England, Gibraltar, Northern Ireland, Scotland and Wales, as well as British citizens resident in France. They are supported by funding raised through the crowdfunding platform, Crowdjustice.

Gerry Facenna QC and Jack Williams are instructed by Bindmans LLP on behalf of the People’s Challenge Interested Parties.

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