On November 25the UK Supreme Court published an update (Update) on its website concerning R (on the application of Miller & Dos Santos) v Secretary of State for Exiting the European Union (the Article 50 “Brexit” case). The Update confirms that the UK Supreme Court had considered and determined the outcomes of further applications to intervene in the Article 50 “Brexit” case.
By way of background, on November 3, the UK High Court ruled that the UK government does not have requisite prerogative powers necessary to give notice under Article 50 for the UK to withdraw from the EU. On November 8, the UK Supreme Court confirmed it had granted permission for the UK government to appeal of the High Court’s decision. On November 18, the UK Supreme Court confirmed that it had granted applications to intervene submitted by the Scottish Government, Welsh Government, the “Expat Interveners”, George Birnie and others, as well as the Independent Workers Union of Greater Britain, and that a reference had been submitted by the Attorney General for Northern Ireland in relation to devolution issues. The case (Case) of the Secretary of State for Exiting the EU appealing the High Court ruling also was made available online.
The Update confirms 1) that Lawyers for Britain Limited have been granted permission to file a written submission in intervention; and 2) that applications to intervene from 4A Law and New Europeans have been refused.