High Court challenge to Brexit succeeds

High Court challenge to Brexit succeeds

The High Court have ruled that the Government cannot trigger Brexit without Parliamentary approval.

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Director, Public Policy

KPMG in the UK

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On 3 November, the High Court ruled that the Government does not have the right to trigger Article 50, which would start the process of the UK leaving the EU, without consulting Parliament. The Government have already stated that they plan to appeal this decision to the Supreme Court so this ruling is provisional. A hearing has been set for early December.

Commenting on the ruling, Mark Essex, Director of Public Policy at KPMG in the UK, said:

“The High Court has said today that the Government does not have the power to invoke Article 50 and withdraw from the European Union without reference to Parliament, meaning that both the Houses of Commons and the Lords will have the right to vote on it.

“There are likely to be many legal and political twists and turns before any final decision is made on this. Today’s ruling was always going to be provisional and the Government have already said they will appeal. A hearing has been set for early December.

“In practice what does this mean for businesses?  For our clients, the prudent course of action is to continue to prepare for Brexit as they have been. Today’s ruling, on its own, does not constitute a rejection of either the referendum result itself nor the Government’s proposed timing to trigger Article 50 by the end of March next year. We will be keeping a close eye on legal and political developments, in particular the outcome of the hearing in December, but what we are saying to clients right now is that the safest course of action is to carry on scenario planning and modelling what life might look like outside the EU, as before.”

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