Brexpats – Hear our Voice, a British in Europe coalition partner, have been part of a successful campaign in the Netherlands led by Jolyon Maugham QC. Continue reading Brexpats take case to CJEU
A score of British citizens currently living in the Netherlands were in Amsterdam on the morning of 17 January 2018 to hear lawyers plead the legal pros and cons of the argument “once an EU citizen, always an EU citizen”, i.e. EU citizenship is additional to and separate from citizenship of an EU Member State. The goal was to get the judge of the District Court to ask the Court of Justice of the European Union to provide a ruling. EU citizenship is a concept which has been enshrined in successive EU Treaties for the last 25 years. It confers a number of rights, including the right to freedom of movement. Continue reading Brexpats go to court
On 3 November 2016, the High Court in London ruled in one of the most significant UK constitutional law cases for decades on the triggering of Article 50. The ruling did not, however, concern the result of the EU referendum. The question before the Court was:
“whether as a matter of UK constitutional law, the Government is entitled to give notice of a decision to the EU under Article 50 by exercise of the Crown’s prerogative powers and without reference to Parliament.”
Last week, the appeal hearing in the Article 50 case, R (Miller and another) v. Secretary of State for Exiting the European Union took place over the course of four days (5-8 December 2016). The Government had been given the right to appeal the judgment of the High Court (link to judgment)and to bring a “leapfrog” appeal to the Supreme Court. Continue reading Supreme Court Hearing (5-8 December 2016)
Appellant (Defendant in the High Court)
- Secretary of State for Exiting the European Union
Respondents (Claimants in the High Court)
- Lead Claim: Gina Miller, Investment Manager represented by Mischcon de Reya, who have appointed Lord Pannick QC and others as counsel in the case. Q&A on the case by Mischcon de Reya
- Deir Tozetti Dos Santos, a British hairdresser, whose claim has joined Gina Miller’s lead claim and he is represented by Edwin Coe LLP and Dominic Chambers QC.
- Judgment in the Article 50 challenge handed down at 10am, 3rd November 2016 in Court in Room 4.
- An appeal by the losing party or parties, ‘leapfrogged’ direct to the Supreme Court to be heard early in December, is very likely.
- The People Challenge launched a new fundraising appeal to cover legal costs. They consider it vital that ordinary people’s EU citizenship rights continue to be defended in this unprecedented important case.
- The Guardian reports:
High court says parliament must vote on triggering article 50
Judgment on the Article 50 challenge will be handed down at 10am, 3rd November 2016 in Court Room 4. An appeal by the losing party or parties, ‘leapfrogged’ direct to the Supreme Court to be heard early in December, is very likely.
The Peoples Challenge have said they will be launching a new fundraising appeal tomorrow to cover legal costs and other expenses associated with the appeal.
See details of court procedure here.