Caught on our radar
Ally Law Member Firm
won Article 50
Our colleague at Edwin Coe LLP in the United Kingdom prevailed in the high profile litigation against the British Secretary of State concerning the British exit out of the EU.
David Greene, Head of Group Action Litigation in Ally Law Member Firm Edwin Coe LLP, represented the winning Claimant in the high profile case of Santos and Miller v Secretary of State for Exiting the European Union. In A litigation process that in Great Britain has been known as the “Article 50 challenges” and considered by many to be the most important constitutional case for an entire generation.
Triggering the Brexit alone?
The judicial review proceedings revolved whether the British government on its own, and without the British Parliament and its elected representatives, could invoke Article 50 of the Treaty on European Union on the withdrawal of a Member State from the Union, or whether a parliamentary vote would first be required to execute Brexit.
Temporarily foiled plans
The High Court of Justice ruled in January 2017 that the British government did not have the constitutional capacity to trigger the United Kingdom’s withdrawal from the European Union without further primary legislation being passed.
The ruling temporarily overturned the British government’s plans for the British exit process.
However, following the parliamentary process and voting that followed there was also a parliamentary support given for the exit process, which is officially expected to start at the end of March 2017.