Legal Challenge Launched to Force Parliament Vote on Brexit

The In-Out referendum held on June 23 resulted in 52 percent voting to leave the EU, however, the outcome was not binding on the government. With the resignation of Prime Minister David Cameron triggering a leadership race, resulting in a new prime minister, the lawyers fear the possibility of either a delay in triggering Article 50 of the Treaty of the European Union, the legal process for withdrawal from the EU or even a decision not to trigger it at all. 

The lawyers say it must be put to parliament because the final decision rests with the representatives of the people under the UK constitution. The Government, however, has suggested that it has sufficient legal authority.

​Kasra Nouroozi, Partner, Mishcon de Reya said:

"We must ensure that the Government follows the correct process to have legal certainty and protect the UK Constitution and the sovereignty of Parliament in these unprecedented circumstances. The result of the referendum is not in doubt, but we need a process that follows UK law to enact it."

The outcome of the referendum itself is not legally binding and for the current or future Prime Minister to invoke Article 50 without the approval of Parliament is unlawful. We must make sure this is done properly for the benefit of all UK citizens. Article 50 simply cannot be invoked without a full debate and vote in Parliament.

"Everyone in Britain needs the Government to apply the correct constitutional process and allow Parliament to fulfil its democratic duty which is to take into account the results of the Referendum along with other factors and make the ultimate decision."

​British Constitution

Mishcon de Reya has been in correspondence with the Government lawyers since 27 June 2016, on behalf of its clients, to seek assurances that the Government will uphold the UK constitution and protect the sovereignty of Parliament in invoking Article 50.

If the correct constitutional process of parliamentary scrutiny and approval is not followed then the notice to withdraw from the EU would be unlawful, negatively impacting the withdrawal negotiations and our future political and economic relationships with the EU and its 27 Member States, and open to legal challenge. This legal action seeks to ensure that the Article 50 notification process is lawful.