SUPREME COURT GIVES BREXIT JUDGMENT
In a landmark judgment the full constitution of the Supreme Court consisting of eleven Lord Justices has this morning handed down its decision in the BREXIT Case.
The Supreme Court has ruled the Prime Minister’s prerogative powers do not extend to the giving of notice under Article 50 and only Parliament can authorise the invoking of notice to trigger the UK leaving the European Union.
Bhatia Best Ltd represented a group of interested parties (‘AB Parties’) consisting of children and families whose rights to live and work in the UK would be extinguished immediately upon the PM triggering Article 50, without first implementing legislation to protect those rights conferred on them by a number of EU Treaties enshrined into UK law by successive governments spanning 40 years.
Bhatia Best appeared in the Divisional Court and Supreme Court to make important submissions on the practical effects that giving of an Article 50 notice would have on thousands of families.
The judgment this morning will ensure that the rights and freedoms enjoyed by thousands of families in the UK are protected and preserved, required by an Act of Parliament, prior to the Article 50 Notice being given.
Stuart Luke, Partner and Head of our Public Law and Community Care Team said ‘the judgment today is the most significant and fundamentally important constitutional decision to be given by our the Supreme Court in modern times. The decision protects the rights and freedoms enjoyed by this vulnerable group and now ensures that on issues which concern the U.K. leaving the EU these must first be put to parliament’
The judgment has far reaching implications, setting a precedent in respect of the U.K. Constitution and the extent of the use of the Prime Minister’s prerogative powers in the years following Brexit.
Bhatia Best instructed the following counsel in this case:
Manjit Gill QC (No 5 Chambers)
Ramby De Mello (No 5 Chambers)
Tony Muman (43 Temple Row)
For more information, please see the No5 Chambers news article here: https://www.no5.com/news-and-publications/news/1511-supreme-court-dismisses-government-s-article-50-brexit-appeal