Leading London law firm acts to stop British government from triggering Article 50 without Act of Parliament

Published: July 5, 2016 at 9:57pm

Leading London law firm Mishcon de Reya has taken legal steps to ensure that the British government does not trigger Article 50, initiating the withdrawal of the United Kingdom from the European Union, without an Act of Parliament.

The case is being brought on behalf of a group of Mishcon de Reya’s clients. A statement issued by the law firm and published on its website says:

The Referendum held on 23 June was an exercise to obtain the views of UK citizens, the majority of whom expressed a desire to leave the EU. But the decision to trigger Article 50 of the Treaty of European Union, the legal process for withdrawal from the EU, rests with the representatives of the people under the UK Constitution.

The Government however, has suggested that it has sufficient legal authority. Mishcon de Reya has been in correspondence with the 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.

If the correct constitutional process of parliamentary scrutiny and approval is not followed then the notice to withdraw from the EU would be unlawful, negatively impacting the withdrawal negotiations and our future political and economic relationships with the EU and its 27 Member States, and open to legal challenge. This legal action seeks to ensure that the Article 50 notification process is lawful.

This link takes you to Mishcon de Reya’s announcement.

There is more information in this report in The Lawyer.

mishcon de reya