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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.

i.e. what ministers meant when they drafted a bill. Which we might discern from Hansard, press statements etc

Siobhan Fenton7 December 2016 10:39

Key issue is that 2015 Referendum Act was so badly worded that it's unclear if referendum is legally binding or how Brexit actually happens

Siobhan Fenton7 December 2016 10:41

I'll be on @bbc5live in a few minutes to discuss the Supreme Court Brexit case with @Emmabarnett

Siobhan Fenton7 December 2016 10:48

So there'll be a slight pause in my live coverage from court now, but if you'd like to hear a more in depth discussion tune into 5 live now

Siobhan Fenton7 December 2016 10:52

I'm back to court coverage now, where Lord Pannick QC is continuing his arguments against the Government

Siobhan Fenton7 December 2016 10:59

Says he respects referendum is "a very important matter" but says it "has nothing to do with" the question of who has power to spark Brexit

Siobhan Fenton7 December 2016 11:00

** De Keyser banter alert in the Supreme Court **

Esther Webber7 December 2016 11:04

"Treaties which change UK law require... the full assent of parliament" Lord Pannick tells court

Siobhan Fenton7 December 2016 11:11

Supreme Court judge Lord Sumption is wearing a Team GB Olympics tie. Possible jibe at Mail Online's 'openly gay olympic fencer' article? http://pbs.twimg.com/media/CzEcBT5XgAAI4rr.jpg

Siobhan Fenton7 December 2016 11:15

"There simply isn't and never has been an executive power to nullify things which the legislature has enacted" Lord Pannick

Siobhan Fenton7 December 2016 11:17

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