Think-tank challenges UK's strategy of exiting single market

The UK High Court dismissed a second legal challenge to Brexit which would have forced parliament to specify if the UK's leaving the European Union also meant leaving the European Economic Area.

The day after the UK Parliament voted - 498 votes to 114 - to give Prime Minister Theresa May the power to trigger Article 50, the UK Government released their formal policy paper setting out how the UK proposes to leave the EU.

"The current claims are premature and for that reason, permission to apply for judicial review is refused", the judges said in their ruling.

The new case revolved around Article 127 of the European Economic Area treaty, which states: "Each contracting party may withdraw from this agreement provided it gives at least 12 months' notice in writing to the other contracting parties".

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A new would-be Brexit legal challenge hoping to emulate the recent Supreme Court success of Gina Miller reached the High Court today.

"I voted to leave the European Union but parliament did not intend the referendum to cover the issue of membership of the EEA", Yalland said.

"I want to be clear", May said at the time.

Following their conversation, in which she updated Mr Rajoy and Mr Kern on the UK's preparations for Brexit, Mr Rajoy said her speech "clarified many things".

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George Peretz QC argued that the government must present the legal mechanism for the withdrawal from the EEA to Parliament.

They said the Government has no mandate to take the United Kingdom out of the Single Market and EEA - because it wasn't on the ballot paper.

A second set of claimants - identified only by the letters W, L, T and B for fear of experiencing the kinds of threats directed at Gina Miller, the lead claimant in the Article 50 case - joined the case to highlight the "state of limbo" Brexit will put them in due to their non-UK nationalities.

"Parliament, not government, took us into the treaty and so parliament, not government, must decide if and when we leave".

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However, the Scottish Government says it believes that because of the direct effects on the devolved responsibilities, the Scottish Parliament should be invited to give its view before the bill is passed.

(Copyright © 2015. All Rights Reserved.)
 
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