Brexit and Article 50: What this means for our clients

Brexit High Court Ruling – what does this mean for our clients?

A view from the Chairman

In December 2016, the UK's most senior judges were brought together in the Supreme Court to decide whether parliament or the government has the authority to trigger Article 50 – and commence our exit from the EU.

The government presented its closing arguments on the final day of the historic Brexit case at the Supreme Court. Summing up its case, the government’s counsel said the royal prerogative gives the government to the power to repeal international treaties that impact in domestic law but not domestic legislation. James Eadie QC said the respondents’ submissions were wrong to suggest that the government sought to repeal UK parliamentary legislation by way of the prerogative.

The Supreme Court also heard that triggering Article 50 without consulting the devolved assemblies in Cardiff, Edinburgh and Belfast would dissolve “the glue” which holds together the UK’s unwritten constitution. Helen Mountfield QC, counsel for the crowd funded People’s Challenge, argued EU laws that have been in force since joining in 1972 are domestic laws. She said only Parliament can remove these laws, not ministers.

Proceedings have now been adjourned and a ruling is expected next month. For more information on how you and your business can prepare for Brexit read our online advice guides or send your questions to Brexit@blakemorgan.co.uk

Understanding what the Supreme Court hearing actually means

The Law Society has released a video to help people understand the key issues arising in next week's Brexit case in the Supreme Court.

The video explains what the court will consider, what decision it might make, and why a legal question arises when the Brexit decision has already been made in the referendum.

To watch the video, visit the Law Society website here.