Remainers to WIN Supreme Court Brexit ruling as Government advisers predict judges SPLIT

Remainers to WIN Supreme Court Brexit ruling as Government advisers predict judges SPLIT

Gina Miller is set to win the Supreme Court Brexit appeal, according to Government advisorsGETTY

Gina Miller is set to win the Supreme Court Brexit appeal, according to Government advisors

Government sources predict the 11 Supreme Court justices will be split over the Article 50 ruling. 

It is thought the judges will vote 7 to 4 in favour of upholding a High Court ruling that said Parliament must approve triggering EU divorce talks. 

A panel of three judges, headed by Lord Chief Justice Lord Thomas, decided in November that Prime Minister Theresa May lacked legal power to use the royal prerogative to trigger Article 50 of the Lisbon Treaty to start the two-year process of withdrawing from the European Union.

It is difficult to predict how the case is going to go but the thinking of those in the room is that there might be a sizeable minority who are with the Government

Government source

The Government appealed the High Court ruling and a four day hearing of detailed arguments at the Supreme Court came to an end on Thursday. 

Gina Miller, the lead claimant in the Brexit High Court action, attended every day of the hearing. 

A Government source told The Telegraph: “It is difficult to predict how the case is going to go but the thinking of those in the room is that there might be a sizeable minority who are with the Government.

“The understanding is that it is unlikely to be a slam dunk either way; even if a majority agree with Gina Miller there will be a sizeable majority who don’t.

“The feeling among those in the room was the division among the judges was much more pronounced than perhaps it appeared at first thought.”

But despite speculation of the Government losing, the narrow margin will make it harder for Europhile MPs to amend any legislation to delay Article 50 being triggered. 

The Government now faces a wait until next year to find out whether it has won its historic Brexit legal challenge at the UK’s highest court.

The Supreme Court justices are said to be splitAFP GETTY

The Supreme Court justices are said to be split

Theresa MayBLOOMBERG

Theresa May lacks the legal power to trigger Article 50, the High Court ruled last month

Eleven Supreme Court justices – a record number to hear an appeal – will announce their decision “as quickly as possible” in the new year, but no date has yet been fixed.

At the completion of four days of detailed legal argument, Lord Neuberger, president of the UK’s highest court, announced: “It bears repeating we are not being asked to overturn the result of the EU referendum.

“The ultimate question in this case concerns the process by which that result can lawfully be brought into effect. As we have heard, that question raises important constitutional issues and we will now take time to ensure the many arguments presented to us orally and in writing are given full and proper consideration.”

Attorney General Jeremy WrightAFP GETTY

Attorney General Jeremy Wright said “the referendum result would be honoured”

Gina Miller, the lead claimant in the High Court action, arrives at the Supreme CourtGETTY

Gina Miller, the lead claimant in the High Court action, arrives at the Supreme Court

Lord Neuberger added: “Having said that, we appreciate that this case should be resolved as quickly as possible, and we will do our best to achieve that.”

The Government’s top law officer, Attorney General Jeremy Wright, said after the Supreme Court proceedings ended: “The country voted to leave the European Union, in a referendum approved by an Act of Parliament. The Government has argued throughout that no further Act of Parliament is needed to begin the process of leaving the European Union.

“As I said in court, there was a universal expectation that the referendum result would be honoured.

The Government appeal to overturn the High Court ruling took four days at the Supreme CourtSUPREME COURT

The Government appeal to overturn the High Court ruling took four days at the Supreme Court

“Parliament will be closely involved in the process of the UK’s withdrawal from the EU over the coming months and years.

“Only yesterday, MPs debated a Brexit motion in the House and the Prime Minister has committed to publishing the Government’s plans for leaving the EU.

“We have argued that the Government can use the powers it has to enact what the public has decided. The judges will now decide if they agree.”

Gina Miller, the lead claimant in the High Court action, said: “The tone of this week’s proceedings from everyone involved and many parts of the media showed respect, civility and professionalism and I very much hope that this will continue throughout the process of the UK’s withdrawal from the EU.”

Ms Miller, an investment fund manager and philanthropist, added: “As my counsel Lord Pannick said, the constitutional elephant in the room remains – to give notice under Article 50 using the prerogative is an affront to parliamentary sovereignty.”

A ruling is expected before the end of January.

Published at Sat, 10 Dec 2016 12:55:00 +0000