New Judgment: R (Miller & Anor) v Secretary of State for Exiting the European Union & Ors  EWHC 2768 (Admin)
03 Thursday Nov 2016
Held by the High Court: the Government is not entitled to give notice of a decision to leave the EU under Article 50 by exercise of the prerogative powers of the Crown, and without reference to Parliament. The Court ruled that nothing in the European Communities Act 1972 supports this power of the Crown. The Court considered the sovereignty of Parliament to be critical, and stated the Crown was not entitled to change domestic law through exercise of its prerogative powers.
It is expected that there will be a ‘leapfrog appeal’ from this decision to the Supreme Court, in early December.