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Clifford Chance

Legislation required to trigger Brexit

The Supreme Court has upheld the High Court's decision in R (oao Miller) v DExEU that the Government needs prior authorisation from Parliament to give the article 50 notice that will initiate the process leading to the UK's withdrawal from the EU. This briefing explores the Supreme Court's decision, what the Government may do next, the difficulties it might face and the possible implications for other litigation for Brexit.

Briefings

24 January 2017

Legislation required to trigger Brexit

The UK's highest judicial body has dismissed the Government's appeal in a landmark case about Brexit. In one of the most significant constitutional cases in modern times, the Supreme Court has ruled that Parliamentary approval will be required to give the article 50 notice that will start the process for the UK's withdrawal from the EU. By a majority of eight to three, the 11 justices upheld November's High Court decision in R (oa Miller) v DExEU rejecting the Government's case that it has the power on its own to give notice to the European Council of the UK's decision to withdraw from the EU. This briefing explores the Supreme Court's decision, what the Government may do next, the difficulties it might face and the possible implications for other litigation for Brexit.

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