Mr Gill QC and Ramby de Mello both of No5 Chambers, are instructed by Stuart Luke of Bhatia Best on behalf of two interested parties (IP) in the Brexit challenge brought by the lead claimant Gina Miller. These claims are to be heard on the 13th, 17th, 18th October 2016 before the Lord Chief Justice.
The IP’s support the lead claimant case but will additionally argue that the Crown is not entitled to exercise its prerogative power to issue an article 50 notice without an Act of Parliament. They will argue that the immigration status of EEA nationals and children lawfully resident in the UK must be considered by Parliament before the notice under Article 50 is given by the Crown to the European Council. The Crown cannot exercise its prerogative powers to issue such notice as this will affect this groups’ right to reside in the UK after the UK withdraws from the EU.
Once the notice has been issued these groups will be exposed to a potential risk of prosecution when the UK withdraws from the EU.
Their acquired rights of residence under EU law should be protected in domestic law by an Act of Parliament prior to the issue of the notice by the Crown.
It is understood that whatever the outcome the case will proceed to the Supreme Court expeditiously.
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