Supreme Court refuses Government permission to appeal against decision to seek CJEU ruling on Article 50 revocation

20 Nov 2018

The Supreme Court has today refused permission for the Secretary of State for Exiting the European Union to appeal against the decision of the Court of Session in Scotland to seek a ruling from the CJEU on the revocability of the Article 50 Notice. See Supreme Court news release here.

This means that the accelerated preliminary reference will proceed before the CJEU. The oral hearing is next Tuesday, 27 November.

Monckton Chambers’ Gerry Facenna QC and Anneli Howard, together with Scottish counsel Morag Ross QC, are acting for Liberal Democrat Brexit Spokesperson Tom Brake MP, and Labour’s Chris Leslie MP, who argue that EU law permits a Member State unilaterally to revoke a notification it has given under Article 50 TEU if, in accordance with its own constitutional arrangements, it decides to remain within the EU.

See previous news items 08 Oct here and  21 Sept here.