Mishcon advises as companies launch legal bid to stop Brexit without parliamentary vote
The firm is representing a group of businesses on a challenge against the UK government over plans to withdraw from the EU
July 04, 2016 at 05:47 AM
2 minute read
Mishcon de Reya is bringing a case against the UK government arguing that Article 50 – the untested procedure that governs how a member state leaves the European Union (EU) bloc - cannot be triggered without an act of Parliament.
The action follows last month's UK's referendum which saw the country vote to leave the EU by 52% to 48%.
Mishcon is arguing on behalf of a group of un-named businesses that it would be unconstitutional for the government to trigger Article 50 without a debate and a vote by MPs.
The referendum result is not legally binding and there has been debate about who should trigger Article 50, and when it should be done. The provision in the Lisbon Treaty gives withdrawing member states two years to negotiate the terms of its exit from the date the article is activated.
Mishcon has instructed Baron David Pannick QC and Tom Hickman of Blackstone Chambers to act as counsel along with Matrix Chambers' Rhodri Thompson QC and Anneli Howard from Monckton Chambers.
Mishcon has been in contact with government lawyers on the issue since 27 June, hoping to get assurances that the decision will go to parliament. In a statement the firm said the government has "suggested it has sufficient legal authority" to trigger the Article and the legal action "seeks to ensure that the Article 50 notification process is lawful."
Mishcon de Reya head of dispute resolution, Kasra Nouroozi, said: "We must make sure this is done properly for the benefit of all UK citizens. Everyone in Britain needs the Government to apply the correct constitutional process and allow parliament to fulfill its democratic duty which is to take into account the results of the referendum along with other factors and make the ultimate decision."
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllKingsley Napley and Lord Pannick Spearhead Private Schools' Challenge to Government VAT Policy
Spain Loses Appeal as London Court Rejects Claim of Immunity in €101 Million Arbitral Award Enforcement
Jones Day Expands European Footprint with Global Disputes Partner in Madrid
ENRC and SFO Reach Shock Settlement Over Media Leaks Allegations
Trending Stories
- 1Judicial Ethics Opinion 24-60
- 2California Implements New Law Banning Medical Debt From Credit Reports
- 3Trump Picks Personal Criminal Defense Lawyers For Solicitor General, Deputy Attorney General
- 4Climate Groups Demonstrate Outside A&O Shearman and Akin Offices
- 5Republican Who Might Become FTC's Next Chair Blasts Democratic Commissioners' 'All Mergers Are Bad' Mindset
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250