Government gets go ahead to APPEAL High Court's controversial Article 50 Brexit ruling
The Government will be allowed to appeal a High Court ruling that Parliament must vote to trigger Article 50 negotiations with the European Union.
Theresa May will get to challenge the ruling
In an incredible court case last week, opponents argued the Prime Minister cannot use ‘royal prerogative’ to invoke Article 50 of the Lisbon Treaty, the legal mechanism for quitting the Brussels bloc.
Following a three-day hearing, the Lord Chief Justice, Lord Thomas - sitting with the Master of the Rolls, Sir Terence Etherton, and Lord Justice Sales - agreed, ruling a vote must be held in Parliament before any plans to quit the EU can be made.
But Government lawyers had insisted prerogative powers are a legitimate way to give effect "to the will of the people" who voted by a clear majority for Brexit, and immediately announced it would appeal the decision.
Now permission to appeal has been granted by a panel of three justices and will be heard in just a month's time, the Supreme Court announced on Tuesday.
Gina Miller lead the high Court challenge
The High Court ruled in the challengers' favour
Hairdresser Deir dos Santos, alongside businesswoman Gina Miller, began legal proceedings against the Government just four days after the Brexit referendum result was announced on June 23.
And last week the challenge came to a head as justices at the High Court ruled Theresa May must get Parliament's consent to trigger Article 50 and start the UK's withdrawal from the European Union.
Delivering their verdict, Lord Thomas declared: "The Government does not have power under the Crown's prerogative to give notice pursuant to Article 50 for the UK to withdraw from the EU."
Theresa May can appeal the High Court decision
"Supreme Court unlikely to overturn High Court" - Mansfield
The ruling plunged the Government's plans for Brexit into chaos, as the process of leaving the EU would be subject to full parliamentary control - a process which could take days to debate.
The majority of the House of Commons backed Remain ahead of the EU referendum, with many still desperate to keep ties to Brussels by retaining membership of the EU's Single Market.
Leading members of the House of Lords have also spoken of plans to delay Brexit by threating to withold approval of Article 50.
A government spokesman said: "The Government is disappointed by the Court's judgment. The country voted to leave the EU in a referendum approved by Act of Parliament.
"And the Government is determined to respect the result of the referendum. We will appeal this judgment."
Now in a statement, the Supreme Court has revealed Mrs May can go ahead with its appeal and said that "the case can now proceed to a full hearing".
The challenge will start on December 5 and is expected to last four days.
All 11 of its justices would sit on the appeal panel, which would be chaired by its President Lord Neuberger.
The challenge will start on December 5 and is expected to last four days
The challenge will be heard in the Supreme Court
A statement from the Court said: "The exact number of days and timings will depend on further submissions received from the parties on the precise legal arguments to be considered, the number of interveners and whether any other related cases are joined to this one.
"However, at this stage, we expect the hearing may well last all four days from Monday 5 December.
"The court can also confirm that all eleven justices will sit on the panel considering this appeal, which will be chaired by Lord Neuberger, President of the Supreme Court.
Article 50 #Brexit case: UKSC formally grants Government permission to appeal and lists case for hearing 5-8 Dec https://t.co/C384LboVKe
— UK Supreme Court (@UKSupremeCourt) November 8, 2016
Judgment will follow at a later date, prob New Year. Hearing will be live streamed on
— UK Supreme Court (@UKSupremeCourt) November 8, 2016
our website. We’ll post key updates as they occur.
"The Supreme Court will sit in its largest courtroom and make available a live video feed in the other two courtrooms in the building to enable as many members of the public as possible to observe proceedings.
"It should be added that, as with all Supreme Court proceedings, this appeal will be live streamed on our website, so it is not necessary for people to attend the building in person to watch the hearing."
At the completion of legal submissions, the justices will reserve their decision to a date "probably in the New Year".
The government will appeal the High Court decision next month
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Gerard Batten MEP, UKIP Brexit spokesman, said: "I hope that the Supreme Court overturns the decision of the High Court. This matter is of such importance that if the courts were to here it at all it should have been straight to the Supreme Court in the first place.
"However as the decision was made by a sovereign people one can question the courts role at all"
The news comes after UKIP interim leader Nigel Farage pledged to hold a 100,000 strong march on the London-based court on the day of the historic hearing.
The march, organised by the anti-European Union campaign Leave.EU, will end with a rally in Parliament Square within sight of the court building where judges will be hearing the appeal.