First Brexit legal challenge destined for Supreme Court

Government legal teams fighting a legal challenge concerning the Brexit process have suggested the case may go all the way to the Supreme Court.

The seven private actions arguing the prime minister has no powers to trigger Article 50 without the full approval of the British parliament have caused lawyers for the government to concede that appeals are likely to continue right up to a Supreme Court hearing some time in the future. However, leading counsel for the government Jason Coppel QC admitted there was a degree of urgency in the matter.

The initial hearing begun on 19th July involved a massive team of lawyers for the seven plaintiffs, with the proceedings quickly being being moved to a larger courtroom as a result. Sir Brian Levenson, one of two judges appointed to the directions hearing, was heard to remark on the assembled ‘bewildering array of legal talent’ before stating that the full trial would be scheduled for October and will be heard by Lord Chief Justice Lord Thomas of Cwmgiedd.

Leveson agreed the case brought up ‘matters of great constitutional importance’, before hearing from the defence team that Article 50 was unlikely to be triggered before the new year. The lead case of the seven is being brought by investment manager Gina Miller through top legal firm Mishcon de Reya.

After the hearing Miller spoke with British media, stating she believed in a fair society and had brought her case due to her concerns about the sovereignty of parliament as regards the manner in which Article 50 issues are dealt with. Lord Pannick QC on behalf of Mishcon de Reya told media the firm had been the subject of anti-semetic abuse following publicity about the trial.

As the case proceeds, it’s expected that it will be joined by lawyers acting on behalf of British expats resident in France. Brexit supporters have demonstrated outside the law firm’s London offices, with banners reading ‘Invoke Article 50 now’, and the legal moves now ongoing have been branded underhand and devious by those in favour of leaving the EU.

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