Can the UK Government trigger Article 50 to leave the EU?
On 13th, 17th and 18th October 2016, the Divisional Court will hear the judicial review challenge to the Government’s plans to trigger Article 50 to take the UK out of the EU. The target of the challenge is the way the Government plans to do this – by using the Royal Prerogative instead of seeking prior authorisation from Parliament.
Bhatia Best Limited are representing the first interested party at the hearing before the Divisional Court, highlighting the need to protect the rights of British National children who were not entitled to take part on the EU ‘In-Out’ Referendum, before Article 50 is engaged.
It is to be submitted that prerogative powers cannot be used to take the UK out of the EU because that would mean millions of British Citizens being stripped of rights that Parliament has granted. If these rights are to be taken away, it must be Parliament that takes that step through primary legislation.
Further updates on the case to follow.
If you would like further information about this case then please do not hesitate to contact Stuart Luke or Martin Bridger in our Public Law Team on 0115 9503231 (option 4).