Article 50 litigation: Interested Parties’ skeleton argument published

23 Sep 2016 | by Gerry Facenna QC

Today, the People’s Challenge Interested Parties have publicly released their skeleton argument for the Article 50 TEU litigation to be heard in the Divisional Court on 13 and 17 October 2016. The People’s Challenge Interested Parties are the first to publish their arguments so that the general public can see the arguments in this historic and important piece of litigation.

The skeleton argument for the substantive hearing can be read here.

In summary, the People’s Challenge Interested Parties argue that an Act of Parliament is necessary before Article 50 TEU can be triggered because any use of executive prerogative power to trigger Article 50: (1) has been removed by constitutional statutes; (2) does not extend to removing fundamental citizenship rights; or (3) would, in any event, be abusive if it were exercised to trigger the UK’s withdrawal from the EU (assuming it subsists and extends to removing fundamental rights).

The skeleton argument has had to be redacted as the Government has not agreed to publication of the content of the Secretary of State’s detailed grounds.

The People’s Challenge Interested Parties have additionally applied to the Divisional Court for clarification of its Order made in July as they believe that the Government could (and should) make its case available so that the general public can understand its position. The details of that application 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 expats located 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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