Court action seeks to ensure Parliament approves article 50 notice

A London legal firm has begun legal proceedings to prevent the UK Government beginning the formal process of taking the country out of the European Union without the authority of an Act of Parliament.

Since the referendum vote to leave the EU, debate has mounted in constitutional legal circles as to what is needed for the UK to exercise its right under article 50 of the Lisbon Treaty, which allows a member state to give notice of withdrawal "in accordance with its own constitutional requirements". Some UK lawyers argue that because UK legislation enacts rights contained in the EU treaties, it needs further legislation to withdraw these rights and not simply an exercise of the prerogative by the UK Government.

Now law firm Mishcon de Reya, on behalf of a group of clients, has retained Lord Pannick QC and Tom Hickman, who have each written in support of the parliamentary authority view, to act as counsel in the action, along with Rhodri Thompson QC and Anneli Howard.

Mishcon de Reya has been in correspondence with Government lawyers since 27 June 2016 on behalf of its clients to seek assurances that the Government will uphold the UK constitution and protect the sovereignty of Parliament in invoking article 50. The Government has suggested that it has sufficient legal authority. That view is backed by a number of other commentators, some of whom have explored possible alternative legal routes to using article 50.

Kasra Nouroozi, partner at the firm, said: "We must ensure that the Government follows the correct process to have legal certainty and protect the UK constitution and the sovereignty of Parliament in these unprecedented circumstances. The result of the referendum is not in doubt, but we need a process that follows UK law to enact it. The outcome of the referendum itself is not legally binding and for the current or future Prime Minister to invoke article 50 without the approval of Parliament is unlawful."

Commentator Joshua Rozenberg, writing in the Gazette of the Law Society of England & Wales, has questioned whether the action would in any event achieve very much, if Parliament accepts the reality of the referendum result.