Article 50 ‘Brexit’ Appeal

Extracts from the UKSC’s “cut and keep” checklist for this week’s events in Courtroom 1

In view of the interest in R (on the application of Miller and Dos Santos) v Secretary of State for Exiting the European Union and associated references, the UK Supreme Court is publishing a range of information and updates to assist those with an interest in following the proceedings in Courtroom 1 from 5 to 8 December 2016.

5 to 8 December 2016 | Courtroom 1

Case summaries with a brief explanation of the issues at stake in the case can be found here for the respective appeals and references, which are being heard together between 5 to 8 December:

News on those formally granted permission to participate will be posted here

Timetable

Monday 5 December
1100 to 1300 and 1400 to 1630
Appellant
Jeremy Wright QC (HM Attorney General) James Eadie QC Lord Keen QC (Advocate General for Scotland)
Tuesday 6 December
1015 to 1300
Appellant (continued)
James Eadie QC
Lord Keen QC (Advocate General for Scotland)
1400 to 1445
Attorney General NI
John F Larkin QC (Attorney General for Northern Ireland)
1445 to 1630
Respondent (Miller)
Lord Pannick QC
Wednesday 7 December
1030 to 1200
Respondent (Miller) (continued)
Lord Pannick QC
1200 to 1300 and 1400 to 1430
Respondent (Dos Santos)
Dominic Chambers QC
1430 to 1515
Applicants (Agnew and McCord)
David A Scoffield QC
Ronan Lavery QC
1515 to 1600
The Lord Advocate
W James Wolffe QC (The Lord Advocate)
Thursday 8 December
1015 to 1045
The Lord Advocate (continued)
W James Wolffe QC (The Lord Advocate)
1045 to 1200
Welsh Government
Richard Gordon QC
1200 to 1245
Interested Parties (Graham Pigney and others)
Helen Mountfield QC
1245 to 1300
Interested Parties (AB, KK, PR and children)
Manjit Gill QC
1400 to 1430
George Birnie and others
Patrick Green QC
1430 to 1600
Appellant (reply)
James Eadie QC

Written arguments (or ‘cases’) of the parties and interveners

Links to the parties’ written arguments are provided, where available online. The Court notes “As the advocates will rely heavily on these documents, they are a helpful resource to read alongside watching the proceedings. We will update this as more papers become available”.

Appellants: 1. Secretary of State for Exiting the European Union; 2. Supplementary: Secretary of State for Exiting the European Union (devolution issues)

Respondents: The Queen on the application of: 1. Gina Miller; 2 Deir Tozetti Dos Santos

Interested Parties: 1. Graham Pigney and others; 2. AB, KK, PR and children

Interveners: 1. George Birnie and others; 2. The Lord Advocate (Scottish Government); 3 The Counsel General for Wales (Welsh Government); 4. The Independent Workers Union of Great Britain; 5. Lawyers for Britain Limited


Reference by the Attorney General for Northern Ireland – In the matter of an application by Agnew and others for Judicial Review

Applicants Stephen Agnew, Colum Eastwood, David Ford, John O’Dowd, Dessie Donnelly, Dawn Purvis, Monica Wilson, The Committee on the Administration of Justice, The Human Rights Consortium

Respondents: 1. Her Majesty’s Government; 2. The Secretary of State for Northern Ireland; 3. The Secretary of State for Exiting the European Union

Notice Party: Attorney General for Northern Ireland


Reference by the Court of Appeal (Northern Ireland) – In the matter of an application by Raymond McCord for Judicial Review

Applicant: 1. Raymond McCord

Respondents: 1. Her Majesty’s Government; 2. The Secretary of State for Northern Ireland; 3. The Secretary of State for Exiting the European Union


Live video feeds and ‘on demand’ catch-up video

The Supreme Court’s live feed will cover the entire proceedings, with no delay. Additionally, the BBC, Sky, ITN and Channel 4 News are all offering complementary services. We will provide links here once available. Videos of each session will be available to watch ‘on demand’ from mid-morning the day after the respective session, via any of the case summary pages linked to above.

Transcripts

Transcripts of proceedings will be published on the web site on a ‘half-daily’ basis, with the morning session published by around 4pm in the afternoon and the afternoon session published at around 7pm that evening.

Judgment

As has been widely reported, the Court’s judgment will not be announced this week. The Court expects that a decision will follow in the New Year, and it will issue an alert in advance of the date of publication.

Feedback

On the issue of feedback, the Court observed:

“The Justices are aware of the public interest in this case and the strong feelings associated with the wider political questions of the UK’s departure from the EU (which we stress are not the subject of this appeal). The Justices’ duty is to consider the legal questions impartially, and decide the case according to the law. The range of parties and interveners already before the Court is such that the Justices are satisfied that all issues and points of view will be represented. We therefore hope you will understand that the Court is not in a position to consider further submissions or correspondence on the substance of the legal questions before them.

If you have any feedback on the services outlined above, experience any problems in accessing material or spot any mistakes in Supreme Court resources, please let us know by email.”

Access to the Supreme Court building

supreme-court-external-view-01Advice on access to the Supreme Court building during the course of the trial is given on its public access arrangements page. However, “due to limited space in the main courtroom, those interested in the case are strongly advised to watch online using one of the various live web streams rather than travel to the Court and risk the disappointment of not getting a seat in court.”

[Photographs courtesy of UK Supreme Court]

Cite this article as: David Pocklington, "Article 50 ‘Brexit’ Appeal" in Law & Religion UK, 5 December 2016, https://lawandreligionuk.com/2016/12/05/article-50-brexit-appeal/

1 thought on “Article 50 ‘Brexit’ Appeal

  1. Pingback: Article 50 ‘Brexit’ Appeal – Details – Law and Religion | Fulcrum Anglican

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