Further to the Update on 18th November in which the Supreme Court confirmed that applications to intervene in R (on the application of Miller & Dos Santos) v Secretary of State for Exiting the European Union had been granted to: The Lord Advocate, Scottish Government; The Counsel General for Wales, Welsh Government; The ‘Expat Interveners’, George Birnie and Others; and The Independent Workers Union of Great Britain, the following Update on 25th November has been issued.
Update at 25 November 2016
The Supreme Court has now considered three further applications to intervene in the above case.
Lawyers for Britain Limited have been granted permission to file written submissions (they will not address the court orally during the hearing).
Applications from 4A Law and New Europeans have been refused permission.
The Court does not typically publish detailed reasons for decisions on applications to intervene. In broad terms, decisions on allowing interventions are made based on the standing of those applying in relation to the case, with particular weight given to applications from public interest bodies; consideration is also given to the extent to which applications raise points not already being covered by the existing parties.
The Court is not in a position to publish the interveners’ applications, and any queries on them should be addressed to the relevant party.
Towards the end of next week we will publish a timetable for the hearing itself, listing when respective parties will address the Court.
The Update at 18 November also stated: “the Attorney General for Northern Ireland had made a reference to the Court regarding devolution issues relating to that jurisdiction. Permission to intervene was therefore not necessary”.