The UK Supreme Court has today ruled by a majority of 8-3 against the UK Government on whether it can rely upon the Royal Prerogative alone in order to give notice to trigger Article 50 of the TEU and commence negotiations for the UK to withdraw from the EU. This upholds the decision of the UK High Court earlier in 2016 and confirms that an Act of Parliament will now be required before the UK is able to trigger Article 50.

Despite overwhelming support in Parliament for a non-binding motion supporting the Government’s plan to trigger Article 50 by the end of March, it remains an open question to what extent opposition and remain-supporting MPs will seek to make amendments to any legislation on triggering Article 50 as it passes through the Commons. It is also an open question whether the House of Lords will seek in some way to influence the outcome.

Alongside the decision on Parliamentary consent, the Supreme Court also ruled unanimously that the devolved governments of the UK have no right to be consulted before any decision is made, meaning that the Scottish Parliament will be unable to delay or otherwise attempt to block the triggering of Article 50. If members have any questions, please contact Oliver Robinson.