R v Secretary of State for Exiting the EU: Judgment of the Divisional Court

Attached r-v-secretary-of-state-for-exiting-the-eu is the Judgment approved by the Court (subject to editorial corrections) as delivered today.

Decision: “the Secretary of State does not have power under the Crown’s prerogative to give notice pursuant to Article 50 of the TEU for the United Kingdom to withdraw from the European Union”.

This is subject to appeal, which is likely to be heard by the UK Supreme Court in early December, with a decision possible before the end of the year.

Summary: The UK Government has lost the first stage of the court case as to whether it has the power it claims, namely to give notice to the EU – without the authority of the UK Parliament –  of the UK’s intention to leave the EU. The court’s decision can be overturned at the second stage, the appeal to the UK Supreme Court. There might be a third stage, in the form of a reference to the European Court.

A more detailed analysis of this, the most important UK constitutional case in living memory, will appear on the GD Knowledge section of our website shortly.

This article was written by Jonathan Haydn-Williams, Senior Counsel, Dispute Resolution, and Stephen Hornsby, Partner, Dispute Resolution.

This guide is for general information and interest only and should not be relied upon as providing specific legal advice.  If you require any further information about the issues raised in this article please contact the author or call 0207 404 0606 and ask to speak to your usual Goodman Derrick contact.