On November 3, 2016, the High Court in the UK ruled that the Prime Minister cannot trigger Article 50 (the notification that triggers the process of the UK leaving the EU) without the leave of Parliament.
The decision was appealed, and the Supreme Court (the highest appellate court in the UK) will hear the matter starting today, December 5th. The four days of hearings will be live streamed from the Supreme Court’s website.
There will be eleven justices hearing the matter, which (according to the UK’s non-profit Full Fact organization – see https://fullfact.org/law/brexit-supreme-court/) will be the largest panel of judges to have heard a single appeal—since the Supreme Court’s predecessor was established in 1876. There are some interesting potential outcomes of this process, including the possibility that the matter will need to be referred to the EU High Court to interpret Article 50.
Please note that even if the Supreme Court sides with the High Court, and decides that the Article 50 notification requires an Act of Parliament, it will still be for Parliament to decide whether or not they want to confirm and continue with the referendum’s Brexit result, or attempt to impose terms on the triggering of Article 50 (which some say is not possible), or reject it altogether.
The Fintech world is strongly impacted by Brexit, with the ability to access financial markets easily an important factor for disruptors. No doubt they like many of us have a keen eye on the speed in which Brexit can occur.
These are interesting times in the UK. We will be watching these developments closely.