Brexit move ‘won’t happen in 2016’ Government tells High Court judge in legal challenge

The Government has confirmed there will be no official move to leave the EU before the end of the year as judges considered the first legal challenge over Brexit.

At today’s High Court hearing, Judges Sir Brian Leveson and Mr Justice Cranston agreed a full legal challenge over the decision to leave the European Union will be heard in October.

In court, Government lawyers confirmed that Prime Minister Theresa May did not intend to trigger Article 50 of the Lisbon Treaty before the end of 2016.

This gives the judges time to make a ruling and for the Supreme Court to hear any appeal before the start of the formal process for Britain’s departure from the EU.

Judges were assured that if the Government position changed the legal parties would be warned.

It is being argued that the Government cannot push ahead to leave the EU without Parliament’s backing and suggests prior authorisation is required before Article 50 can be triggered.

The application has been described by lawyers involved as “the most important constitutional law case in living memory”.

The judges heard that one of the law firms involved, Mishcon de Reya, had received letters of abuse which led to potential clients who had wanted to join the action withdrawing their names.

Lord Pannick QC, instructed by Mishcon, told the court that publicity generated by the case “has provoked a large quantity of abuse directed at my solicitors”.

“It is racist abuse, it is anti-Semitic abuse and it is objectionable abuse,” he said.

David Greene, senior partner at law firm Edwin Coe, said: “Whilst Brexit is highly political, the issue is a basic question of the rule of law.

“The claimant submits that the course proposed by the Government is unlawful because only Parliament is empowered to authorise service of the Article 50 notice and consequent withdrawal from the EU.

“The Government asserts that the executive may use the royal prerogative to serve the notice. The court is asked to determine that issue in isolation from the politics that surround the whole question of Brexit.”