Article 50 ('Brexit') case
8 November 2016
R (on the application of Miller & Dos Santos) v Secretary of State for Exiting the European Union: permission to appeal granted and case listed for 5-8 December
The Supreme Court has now received formal notification of the Government's intention to appeal the High Court's decision of 3 November in the above matter.
Permission to appeal has been granted by a panel of three Justices (Lord Neuberger, Lord Mance and Lord Kerr) and the case can now proceed to a full hearing.
The Supreme Court has set aside four days, 5 - 8 December 2016, for the appeal hearing. The exact number of days and timings will depend on further submissions received from the parties on the precise legal arguments to be considered, the number of interveners and whether any other related cases are joined to this one. However, at this stage we expect the hearing may well last all four days from Monday 5 December.
The Court can also confirm that all eleven Justices will sit on the panel considering this appeal, which will be chaired by Lord Neuberger, President of the Supreme Court.
The Supreme Court will sit in its largest courtroom and make available a live video feed in the other two courtrooms in the building to enable as many members of the public as possible to observe proceedings. It should be added that, as with all Supreme Court proceedings, this appeal will be live streamed on our website, so it is not necessary for people to attend the building in person to watch the hearing.
Judgment will be reserved at the conclusion of that hearing and follow at a later date, probably in the New Year.
We will post further details regarding public access to the courtrooms for the hearing in due course.