R (on the application of Miller and others) v Secretary of State for Exiting the European Union

25 Jan 2017 | by Fiona Banks

In its landmark ruling, going to the heart of the United Kingdom’s unwritten constitution, the Supreme Court has upheld the decision of the Divisional Court and held, by a majority of 8:3, that a formal notice of withdrawal pursuant to Article 50(2) of the TEU can only lawfully be given with Parliament’s prior authorisation: ministers do not have the power to give such a notice unilaterally through the exercise of prerogative power without primary legislation.  The Court also ruled that the consent of the Northern Ireland Assembly is not a legal requirement before the relevant Act of the UK Parliament is passed.

Please click here to view the full case note.

Anneli Howard was instructed by Mischcon de Reya to represent Mrs Gina Miller, the First Respondent.

Gerry Facenna QC, David Gregory, and Jack Williams were instructed by Bindmans LLP on behalf of the Pigney Respondents/Interested Parties (known as “The People’s Challenge”).

The Comments made in this case note are wholly personal and do not reflect the views of any other members of Monckton Chambers, its tenants or clients.