Judgment will say whether parliament or Theresa May’s government has authority to notify the EU of Britain’s intention to leave

This article is more than 3 years old

This article is more than 3 years old

The high court is to deliver its decision on whether parliament or the government has the constitutional power to trigger Brexit on Thursday morning.

The judgment could give MPs the authority to formally notify the EU of Britain’s intention to leave, or allow them to block the process.



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Alternatively, it could confirm Theresa May’s assertion that the prime minister has the power under the royal prerogative to inform Brussels of the UK’s intention. Either way, the judgment is very likely to be appealed and taken to the supreme court for further legal argument.



The case was heard over three days last month. The lord chief justice, Lord Thomas of Cwmgiedd, will read out a summary of the judgment in the royal courts of justice in London from 10am.

To prevent leaks, given the politically sensitive legal process, and because of the large number of parties involved, preliminary drafts of the judgment are understood not to have been sent out in advance to lawyers.