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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.

Dos Santos is a 37-year-old hairdresser, born in Brazil. He says he actually voted Leave but still thinks parliament should decide on A50

Siobhan Fenton7 December 2016 12:09

Here's what Dos Santos has said about his reasons for bringing the case, previously: independent.co.uk/news/uk/home-n…

Siobhan Fenton7 December 2016 12:11

"The courts will take no notice of the will of the people, expect where that will is expressed in a statute of parliament" Dominic Chambers

Siobhan Fenton7 December 2016 12:12

I'm at Supreme Court with live coverage on the Brexit legal case, where lawyers are now arguing against government: independent.co.uk/news/uk/politi…

Siobhan Fenton7 December 2016 12:16

"The source of law in domestic rights is absolutely critical" Dominic Chambers

Siobhan Fenton7 December 2016 12:18

While we've been in court, some Labour MPs have said they'll vote against PM revealing Brexit plans-as it's a 'trap' independent.co.uk/news/uk/politi…

Siobhan Fenton7 December 2016 12:25

"EU rights take effect in UK domestic law solely through the assent of parliament" Dominic Chambers

Siobhan Fenton7 December 2016 12:47

Chambers is advancing in considerable detail the idea that only parliament can remove British citizens' rights, and EU withdrawal would...

Siobhan Fenton7 December 2016 12:50

... mean removal of certain rights, only parliament can initiate Brexit- not Theresa May. This was a key argument in the High Court case

Siobhan Fenton7 December 2016 12:50

And in the ruling then judges appeared to say it was among the most convincing arguments, so Chambers is reiterating it again here in depth

Siobhan Fenton7 December 2016 12:51

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