The Government’s appeal against the Divisional Court’s Article 50 ruling commences today.
In an unprecedented case all 11 Justices of the Supreme Court are to hear the appeal.
What does it mean though if the Government’s appeal succeeds?
In a sense, unless there is some significant, but completely unforeseen, political development between now and next April, the Government could invoke Article 50 by sending a simple and brief letter giving notification to the EU.
The wording of that letter need not say much. The Government need not have any regard to the rights and freedoms that have been enshrined into UK law through EU Acts and Treaties.
The Government will set the UK on a two year journey that could see those most basic rights removed completely.
The Government suggests that they are entitled, by virtue of the In-Out Referendum, to invoke Article 50 and then negotiate the terms of leaving and/or enact legislation thereafter.
Bhatia Best act for the AB Parties in opposing the Government’s appeal. Our clients are concerned that they, along with all other EEA Nationals and classes of persons with British National Children, face the prospect of no longer being entitled to reside in the UK, in addition to opening themselves up to prosecution.
It is submitted on behalf of AB Parties that legislation must first be enacted to protect Rights enshrined in to UK law before Article 50 can be invoked.
The hearing will last for four days and judgment is expected early in the New Year.
More to follow.