Law firm starts legal challenge against Brexit to try and block us leaving the EU without an Act of Parliament
Acting on behalf of an anonymous group of clients they are trying to ensure Article 50 is not triggered
A PROMINENT law firm has revealed it has begun legal action to block Brexit and stop the Government from triggering Article 50.
Acting on behalf of an anonymous group of clients, Mishcon de Reya has been in correspondence with the Government as it tries to launch a pre-emptive strike on us quitting the EU.
Lawyers at the firm want to stop the formal process of leaving without an Act of Parliament, and say they plan to pursue it through the courts.
They say the outcome of last month’s historic referendum is “not legally binding”, and say Article 50 needs parliamentary approval.
But the litigation is sure to have Brexiteers up in arms, and cause anger over the will of the British people being subverted through the courts – after more than 17 million voted to leave the EU.
Kasra Nouroozi, a Mishcon de Reya partner, defended the legal action, saying: "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.”
He added: “We must make sure this is done properly for the benefit of all UK citizens.
“Article 50 simply cannot be invoked without a full debate and vote in Parliament.
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"Everyone in Britain needs the Government to apply the correct constitutional process and allow Parliament to fulfil its democratic duty which is to take into account the results of the Referendum along with other factors and make the ultimate decision."
The law firm has acquired the services of senior constitutional barristers, including Lord Pannick QC and Rhodri Thompson QC, to help their case.
But it relies upon the ambiguous wording of Article 50 of the Treaty on European Union, which sets out how states could leave the EU.
It’s first clause declares: “Any member state may decide to withdraw from the Union in accordance with its own constitutional requirements.”
A potential legal challenge will try and claim the referendum was merely advisory, and if the Prime Minister used executive powers to start the process it would be undermining parliamentary statute and overriding the 1972 European Communities Act which enshrines UK membership of the EU.