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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
Comments
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.

The Supreme Court has just published a draft transcript of everything said in court this morning, here supremecourt.uk/docs/draft-tra…

Siobhan Fenton6 December 2016 15:01

"It is no answer... to say parliament will later be involved... The fact of the matter is [Brexit] will cause nullification of rights"

Siobhan Fenton6 December 2016 15:02

"The 2015 Act said nothing whatsoever about the consequences of the referendum" Lord Pannick

Siobhan Fenton6 December 2016 15:02

"If parliament meant the 2015 Act to have legal effect, it could and it would have said so" Lord Pannick

Siobhan Fenton6 December 2016 15:02

"The government resisted an amendment to give legal force to the referendum" Lord Pannick

Siobhan Fenton6 December 2016 15:03

Judges are dipping in and out, challenging Pannick's comments frequently

Siobhan Fenton6 December 2016 15:05

"The referendum is plainly an event of political significance, but the political significance is not a matter for the courts because...

Siobhan Fenton6 December 2016 15:09

...it is irrelevant to the legal issue of whether ministers enjoy a prerogative power to set aside the 1972 Act"

Siobhan Fenton6 December 2016 15:09

I'm at Supreme Court where lawyers from the Brexit legal challenge have just begun arguments against govt. Updates: independent.co.uk/news/uk/politi…

Siobhan Fenton6 December 2016 15:15

Hansard extract presented to Supreme Court by Pannick QC. David Lidington told Commons EU Referendum Bill did not d… twitter.com/i/web/status/8…

Matthew Holehouse6 December 2016 15:29

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