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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.

Govt lawyer brings up the 2015 EU referendum act, through which then Prime Minister David Cameron set out the referendum

Siobhan Fenton5 December 2016 15:59

Eadie says the High Court acted as if the referendum act was "legally irrelevant", when it ruled against the government last time

Siobhan Fenton5 December 2016 16:00

Eadie says it would be "little short of bizarre' for Supreme Court to take the same stance

Siobhan Fenton5 December 2016 16:00

4 hours into the Supreme Court Brexit case:- Men have spoken for 3 hours, 59 minutes, 11 seconds- Women have spoken for 49 seconds

Siobhan Fenton5 December 2016 16:02

Court now discussing whether the EU referendum really was legally binding, or was merely advisory

Siobhan Fenton5 December 2016 16:08

Remember: court is giving the government a hard time because it is first to speak. They will give Pannick and the others a hard time too.

davidallengreen5 December 2016 16:09

Eadie: Now refers to House of Commons library briefing paper written by a librarian and says reliance on it is unhe… twitter.com/i/web/status/8…

JolyonMaugham5 December 2016 16:23

Government lawyer says "the ordinary man or woman on the street" would think the referendum was legally binding

Siobhan Fenton5 December 2016 16:31

Laughter in the court in response. Judge responds that Supreme Court is there to decide what the law says, not what people think it says

Siobhan Fenton5 December 2016 16:32

Court is now adjourned for today. The judges, and our live coverage, will be back from shortly after 10am tomorrow

Siobhan Fenton5 December 2016 16:33

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