Government has no legal power to trigger Article 50 of Brexit process, court hears

The government does not have the legal power to trigger the formal Brexit process without a vote in Parliament, the High Court heard on Thursday.

Lord Pannick QC, a barrister representing London businesswoman Gina Miller, argued in his opening remarks that any attempt by Prime Minister Theresa May to invoke Article 50 alone would undermine parliament and “deprive people of their statutory rights”.

Miller is an investment fund manager and philanthropist who voted to remain in the EU in the 23 June referendum.

Speaking on her behalf, Pannick said the case raised questions of “fundamental constitutional importance [about] the limits of the power of the executive”.

The barrister added that the government was wrong to suggest that the legal challenge was concealing and attempt to prevent Brexit from happening.

The lord chief justice, Lord Thomas of Cwmgiedd, the master of the rolls, Sir Terence Etherton, and Lord Justice Sales are hearing the challenge on who has the power to give the EU formal notification of the UK’s intention to leave the block.

Attorney General Jeremy Wright QC is representing the government, arguing that royal prerogative means no parliamentary vote or act is needed before triggering Article 50.

The case is being heard over three days at the High Court.