header-logo header-logo

Brexit in court

19 October 2016 / Michael Zander KC
Issue: 7720 / Categories: Features , Public , Brexit , EU , Constitutional law
printer mail-detail
nlj_7720_zander

Michael Zander QC considers the oral arguments in the Art 50 court case

  • The Divisional Court heard arguments over three days as to whether the government can use the royal prerogative to trigger Art 50 of the Lisbon Treaty thereby threatening loss of important statutory EU rights.

The Brexit court case (Santos and M v Secretary of State for Exiting the European Union) is unusual because of its political and constitutional significance. It is also unusual (or, query, unique) because at public expense a transcript of the proceedings was made accessible online within a short time of each morning and afternoon session. The transcript of the three days of oral argument runs to 586 online pages.

Critical contentions

Reading the oral argument with all the judicial interventions offers the opportunity of hazarding an opinion as to what are likely to be the critical contentions the judges will consider when coming to their decision.

The claimants asked the Divisional Court for a declaration by way of judicial review. As amended, the requested declaration was simply that the executive

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn

Partner appointment in firm’s equity capital markets team

NEWS

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

back-to-top-scroll