The Divisional Court upheld an application earlier this month against the government, deciding that the government does not have prerogative power to invoke Article 50 without a vote by Parliament.
Parliament will need to vote in favour of doing so before Article 50 is invoked. Theresa May (or, more probably, the Secretary of State for Exiting the European Union) cannot invoke it without Parliament's approval.
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The decision was not a surprise, although the government has been given leave to appeal. "As the case is possibly the most important constitutional one for many a year it has been given the go ahead to leapfrog over the Court of Appeal straight to the Supreme Court (SC)," explains Head of Employment Paul Burton. The SC’s decision is likely to be announced in the New Year.
At Frettens, all of our solicitors offer a free initial meeting or chat on the phone to answer your questions. If this article raises issues for you or your business, please call us on 01202 499255 and Kate or Paul will be happy to discuss it with you.
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