No5 barrister to be part of proceedings at UK Supreme Court for Brexit hearing

Tue, 17 Sep 2019

A No5 barrister who specialises in judicial review and public law will be part of the proceedings at the Supreme Court on September 17 as Brexit comes under legal scrutiny once again.

Ramby de Mello was instructed to make written submissions on behalf of two groups of clients as the Supreme Court hears a Brexit-related judicial review which has been scheduled as an emergency three-day hearing.

The UK Supreme Court is examining the recent Scottish, English and Belfast court decisions on Brexit-related issues.

Nine justices will hear the case; Lady Hale, President of the Supreme Court, Lord Reed, Deputy President of the Supreme Court, Lord Kerr, Lord Wilson, Lord Carnwath, Lord Hodge, Lady Black, Lord Lloyd-Jones, Lady Arden, Lord Kitchin and Lord Sales.

The hearing will be open to the public and the case will be live-streamed and available to watch online.

Scottish appeal court judges declared Boris Johnson’s decision to suspend parliament as unlawful. Lawyers acted for 75 opposition MPs and peers claiming that the Prime Minister’s decision in the run-up to the Brexit deadline was illegal and in breach of the constitution.

The UK Government looks set to appeal against this ruling, which contradicts a recent decision by senior English judges in favour of the Prime Minister.

The high court in Belfast dismissed claims that a hard border and a no-deal Brexit would damage the peace process.

Ramby de Mello, instructed by Instalaw Solicitors, is representing UK nationals who are resident in the EEA under the terms of Council Directive 2004/38/EC. Some of the UK nationals have permanent residence in the Member States and others who have exercised their rights to reside in the Member States in accordance with Union law before the end of the transition period agreed between the UK and the EU under the Withdrawal Agreement which is now inactive.

The second group of clients consist of third country nationals who have dependent British citizen children and are currently residing in the UK under the derivative rights of residence and what is commonly known as the ‘Zambrano’ principle and which is legislated for under Regulation 16 of the Immigration (EEA) Regulations 2016.

The clients are concerned about the prospect of leaving the European Union on October 31, 2019 with a ‘no-deal Brexit’.

Ramby de Mello has many high-profile reported cases and has appeared in the High Court, Court of Appeal, House of Lords (Supreme Court) and the European Court of Justice.

He is a member of several groups at No5 Barristers’ Chambers – Education Law, Immigration Asylum and Nationality, International Human Rights, Prison and Police Law and Public Law.

To view his profile, visit: https://www.no5.com/people/barristers/ramby-de-mello/

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