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Legal Update

Supreme Court rules that an Act of Parliament is required before activation of Article 50 procedure for UK withdrawal from the European Union

24 January 2017
Mayer Brown Legal Update
The UK Supreme Court ruled today that Government ministers are not able to activate the Article 50 procedure for withdrawal by the United Kingdom from the European Union without the prior approval of Parliament.

In upholding the High Court's judgment of 3 November 2016 in R (Miller) v The Secretary of State for Exiting the European Union, the Supreme Court rejected the Government's case that ministers could invoke Article 50 in reliance on the Royal Prerogative. The Court also rejected additional references and interventions asserting that consultation with, or the agreement of, the devolved legislatures of Scotland, Wales and Northern Ireland was required.

Authors

  • David M. Harrison
    T +44 20 3130 3050
  • Mark Stefanini
    T +44 20 3130 3704
  • Stuart Pickford
    T +44 20 3130 3967
  • Mark A. Prinsley
    T +44 20 3130 3900
  • Nicholas Robertson
    T +44 20 3130 3919
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