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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.

"You cannot use the prerogative to take away the rights of a citizen. That is simply unacceptable" Lord Pannick

Siobhan Fenton6 December 2016 15:29

Government resisted amendment to make EU referendum legally binding, lawyer claims- My report from the Supreme Court independent.co.uk/news/uk/politi…

Siobhan Fenton6 December 2016 15:35

Lord Pannick, clearly pleased with himself, now adopting a power pose with his hand on his hip

Siobhan Fenton6 December 2016 15:39

"Features of EU law were established long before we joined the ECC" Lord Pannick

Siobhan Fenton6 December 2016 15:51

1972 European Communities Act was more than a mere treaty but created "a new legal order" Lord Pannick tells the judges

Siobhan Fenton6 December 2016 15:52

"Parliament itself brought this new legal order into effect" Lord Pannick

Siobhan Fenton6 December 2016 15:53

Lord Pannick says there's "irony" to the case- Brexiters want to 'take back control' to Westminster except if it means MPs voting on Brexit

Siobhan Fenton6 December 2016 15:57

So far in the Brexit Supreme Court appeal, men have spoken for 99.3% of the time (0.7% spoken by women) My report:independent.co.uk/news/uk/politi…

Siobhan Fenton6 December 2016 16:05

"The existence of Article 50 does not alter prerogative power" Lord Pannick

Siobhan Fenton6 December 2016 16:11

Pannick says all major treaties are approved by parliament- and so must Brexit as it involves a similar reworking of international relations

Siobhan Fenton6 December 2016 16:21

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