Category Archives: Court Challenges

Brexpats go to court

A score of British citizens currently living in the Netherlands were in Amsterdam on the morning of 17 January 2018 to hear lawyers plead the legal pros and cons of the argument “once an EU citizen, always an EU citizen”, i.e. EU citizenship is additional to and separate from citizenship of an EU Member State. The goal was to get the judge of the District Court to ask the Court of Justice of the European Union to provide a ruling. EU citizenship is a concept which has been enshrined in successive EU Treaties for the last 25 years. It confers a number of rights, including the right to freedom of movement. Continue reading Brexpats go to court

Update following High Court ruling on 3 November 2016

On 3 November 2016, the High Court in London ruled in one of the most significant UK constitutional law cases for decades on the triggering of Article 50. The ruling did not, however, concern the result of the EU referendum. The question before the Court was:

“whether as a matter of UK constitutional law, the Government is entitled to give notice of a decision to the EU under Article 50 by exercise of the Crown’s prerogative powers and without reference to Parliament.”

Continue reading Update following High Court ruling on 3 November 2016

Supreme Court Hearing (5-8 December 2016)

Last week, the appeal hearing in the Article 50 case, R (Miller and another) v. Secretary of State for Exiting the European Union took place over the course of four days (5-8 December 2016). The Government had been given the right to appeal the judgment of the High Court (link to judgment)and to bring a “leapfrog” appeal to the Supreme Court. Continue reading Supreme Court Hearing (5-8 December 2016)

R(Miller) v. Secretary of State for Exiting the European Union

Appellant (Defendant in the High Court)
  • Secretary of State for Exiting the European Union
Respondents (Claimants in the High Court)
  • Deir Tozetti Dos Santos, a British hairdresser, whose claim has joined Gina Miller’s lead claim and he is represented by Edwin Coe LLP and Dominic Chambers QC.

Continue reading R(Miller) v. Secretary of State for Exiting the European Union