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As it happenedended

Brexit legal challenge live: British citizens will lose rights through EU withdrawal, Supreme Court told

A third day of arguments has been made in the Brexit Supreme Court appeal

Siobhan Fenton
London
Wednesday 07 December 2016 10:22 GMT
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Brexit at the supreme court: Day Three

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Gina Miller's legal representative has outlining the case against the Government in day three of the four day Supreme Court appeal on Brexit.

Lord Pannick QC represented Ms Miller and told the court Theresa May does not have sufficient authority to trigger Article 50 and instead the case must go to MPs.

Representing fello claimant Deir Dos Santos, a hairdresser born in Brazil, QC Dominic Chambers told the court only parliament has the power to take away British citizens' rights, which EU withdrawal would inevitably do.

The court was also told both Scotland and Northern Ireland must approve triggering Article 50 before the Government does so. A majority of people in Scotland (62 per cent) and Northern Ireland (56 per cent) voted to Remain.

The day before, while the court was sitting, Ms May announced during a visit to the Gulf that she will reveal her Brexit plans before triggering Article 50, in what appears to be a signifcant U-turn on her previous position.

Catch up on everything that happened in court today:

The Prime Minister has previously said she plans to trigger Article 50 by the end of this Spring.

If MPs are entitled to vote on Article 50, it could delay Brexit considerably or ensure it is a 'soft Brexit' rather than a 'hard Brexit' as politicians could insist protectionist clauses are inserted before EU withdrawal.

The Supreme Court case is expected to last four days.

A judgment is anticipated for early in the new year.

"There was an opposition debate in October and an opposition debate set down for Wednesday"

Siobhan Fenton6 December 2016 11:54

At no point has primary legislation been proposed by MPs in parliament on Brexit, Eadie says

Siobhan Fenton6 December 2016 11:55

Govt lawyer arguing MPs don't actually want Article 50 vote "Parliament does not seem to want the obligation the court has thrust upon them"

Siobhan Fenton6 December 2016 11:56

"The courts will be posing a new control of a most contentious kind" if it rules Theresa May doesn't have power to trigger A50 alone- Eadie

Siobhan Fenton6 December 2016 11:59

James Eadie QC has now finished putting his case on behalf of the government

Siobhan Fenton6 December 2016 12:00

Now up is Lord Keen QC, Advocate General for Scotland, also representing the government

Siobhan Fenton6 December 2016 12:01

He's expected to spend the next hour or so discussing how Brexit and Article 50 will impact on the devolved regions of the UK

Siobhan Fenton6 December 2016 12:01

Of course, as we know, a majority of people in the UK as a whole voted for Brexit, but Scotland and Northern Ireland did not

Siobhan Fenton6 December 2016 12:02

In addition, as Scotland, Wales & Northern Ireland have their own devolved parliaments, if Theresa May triggers Article 50 she bypasses them

Siobhan Fenton6 December 2016 12:03

Which in itself prompts many questions about constitutional law and internal dynamics between central and devolved regions

Siobhan Fenton6 December 2016 12:04

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