Brexit legal challenge: High Court ruling says Article 50 cannot be triggered without Parliament vote

Brexit: Theresa May's Government lost the High Court challenge by campaigners
EPA
WEST END FINAL

Get our award-winning daily news email featuring exclusive stories, opinion and expert analysis

I would like to be emailed about offers, event and updates from Evening Standard. Read our privacy notice.

Theresa May suffered a major defeat today as she was told by the High Court that she cannot trigger Brexit without Parliament's approval.

Three judges ruled that she must give MPs a vote before moving Article 50, which starts the countdown for Britain to leave the EU.

Downing Street vowed to fight the verdict in the Supreme Court. A No 10 spokesman said: “We will appeal this judgment.”

But the pound surged by more than one per cent against the dollar to its highest level in a month, as the verdict was hailed as a boost for MPs who want a deal that keeps Britain inside Europe’s single market.

In the Commons, International Trade Secretary Liam Fox said the Government was “disappointed” but remained “determined to respect the result of the referendum”.

The Prime Minister had argued she could trigger Article 50 using royal prerogative alone and only offered MPs a vote on the result of her negotiations, possibly two years away.

Opponents of Brexit were jubilant at her defeat. Liberal Democrat leader Tim Farron said Mrs May should now lay out her negotiating position in Parliament. Scotland’s First Minister Nicola Sturgeon described the ruling as “significant indeed”.

Ukip leader Nigel Farage said he feared “a betrayal may now be near at hand” and warned of “public anger” if Mrs May is prevented from honouring the June in-out referendum result.

Brexit victory: Gina Miller outside court today
PA

There were shouts of glee by Labour MPs in the Commons at the ruling by Lord Chief Justice Lord Thomas.

Campaigners launched the legal action by arguing Mrs May had no constitutional right to take a step that would extinguish British rights established in law over 40 years ago and it was for Parliament to decide.

David Greene, from Edwin Coe, representing applicant Deir Dos Santos, said: “This is a victory not just for the brave individuals who brought this claim but, more importantly, for parliamentary democracy and the rule of law.

"This is a victory for democracy over the feudal institution of royal prerogative.

“The Government has to accept the constitutional reality that Parliament must have early involvement in the process.

"It shows that political leaders are not above the law and that Brexit must follow due process.”

Historic ruling: Campaigners outside the High Court
Niklas Hallen/AFP/Getty Images

Outside court, businesswoman Gina Miller, who brought the case with hairdresser Mr Dos Santos, welcomed the decision and said it would “bring sobriety” to Brexit proceedings.

Labour leader Jeremy Corbyn said: “This ruling underlines the need for the Government to bring its negotiating terms to Parliament without delay. Labour respects the decision of the British people to leave the European Union. But there must be transparency and accountability to Parliament on the terms of Brexit.

“We will press the case for a Brexit that works for Britain, putting jobs, living standards and the economy first.”

The appeal could be heard in December. If the Government loses, there could be months of parliamentary hurdles before Mrs May is finally allowed to begin the exit countdown.

Mrs May has promised the EU she will move Article 50 by the “end of March 2017” but this may now be difficult.

Other EU leaders have refused to begin any formal talks on Brexit until she moves Article 50, leaving the process in limbo.

Create a FREE account to continue reading

eros

Registration is a free and easy way to support our journalism.

Join our community where you can: comment on stories; sign up to newsletters; enter competitions and access content on our app.

Your email address

Must be at least 6 characters, include an upper and lower case character and a number

You must be at least 18 years old to create an account

* Required fields

Already have an account? SIGN IN

By clicking Create Account you confirm that your data has been entered correctly and you have read and agree to our Terms of use , Cookie policy and Privacy policy .

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Thank you for registering

Please refresh the page or navigate to another page on the site to be automatically logged in