Gina Miller wins Article 50 High Court case

Gina Miller wins Article 50 High Court case

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First Women alumnus Gina Miller today left the High Court victorious after judges ruled that Theresa May’s government does not have the legal power to trigger Article 50 without a vote from MPs and parliamentary approval.

Miller, who is the lead claimant in the case, argued that only Parliament can make a decision that would lead to the loss of her “rights” under EU law.

Following the referendum results on 23 June, Miller said she felt physically “sick” and thought: “I don’t think people know the ramifications of this, of what’s happened, and I felt really sorry that people had been tricked and fooled”.

She launched legal action against the Prime Minister, and hairdresser Deir Dos Santos initiated proceedings as a second claimant. The case was also supported by a group called the ‘People’s Challenge‘. 

May announced in October that she plans to trigger Article 50, which states that any member state may leave “in accordance with its own constitutional requirements”, before the end of March 2017.

On a BBC interview this afternoon, Miller said: “A vote to leave is a vote to leave – but how do you put that in practice” and that her win today “should not frustrate the prime minister’s timetable”.

In a statement earlier, she said: “My dedicated team at Mishcon de Reya and counsel and I are absolutely delighted that we have been able to be part of this debate, and to bring some sobriety as we go forward.

Lord Chief Justice Lord Thomas delivered his judgment at the Royal Courts of Justice this morning

The Government has announced that it will appeal the decision, with the appeal heading straight to the Supreme Court in early December.

 

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