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Brexit legal challenge live: High Court to rule on whether Theresa May needs approval to trigger Article 50 Brexit legal challenge live: Theresa May needs parliamentary approval to trigger Article 50, High Court rules
(about 1 hour later)
The High Court is set to rule on whether Theresa May has the right to bypass Parliament when she triggers Britain’s exit from the European Union. The High Court has ruled on whether Theresa May cannot bypass Parliament when she triggers Britain’s exit from the European Union.
Here are the latest updates:Here are the latest updates:
Three judges will decide a historic case which will either allow that exit to start by the end of March - or could hand MPs and peers the opportunity to challenge, or even delay, the process. Campaigners have won their High Court battle over Theresa May's decision to use the royal prerogative in her Brexit strategy.
Legal experts believe the case – to determine whether the Prime Minister can use the Royal Prerogative to invoke Article 50, without the involvement of Parliament – is “finely balanced”, after weeks of argument. In one of the most important constitutional cases in generations, three senior judges ruled the Prime Minister does not have power to use the prerogative to trigger Article 50 of the Lisbon Treaty to start the UK's exit from the European Union - without the prior authority of Parliament.
In one of the most important constitutional cases in generations, opponents argue the prime minister cannot use the prerogative to trigger Article 50 of the Lisbon Treaty and start the UK's exit from the European Union without the prior authority of Parliament. The ruling against the Government was made by Lord Chief Justice Lord Thomas, sitting with two other senior judges in London.
However Government lawyers say prerogative powers are a legitimate way to give effect "to the will of the people" who voted by a clear majority to opt for Brexit in the June EU referendum. The Government has been given the go-ahead to appeal against the ruling at the Supreme Court.
Ms May announced at the Conservative Party conference that she intends giving an Article 50 notification by the end of March 2017. Unless overturned on appeal at the Supreme Court, the ruling threatens to plunge the Government's plans for Brexit into disarray as the process will have to be subject to full parliamentary control.
  Government lawyers had argued that prerogative powers were a legitimate way to give effect "to the will of the people" who voted by a clear majority to leave the European Union in the June referendum.
But the Lord Chief Justice declared: "The Government does not have power under the Crown's prerogative to give notice pursuant to Article 50 for the UK to withdraw from the European Union."
The Government has been given the go-ahead to appeal against the ruling at the Supreme Court but made no immediate announcement about whether it will.