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Case update 25 November 2018
Resources for the Article 50 hearing
What follows are links to the key documents in the public domain for the hearing before the Court of Justice of the European Union on 27 November 2018.
The Government’s unsuccessful application for permission to appeal to the Supreme Court
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Here is the Government’s application for permission to appeal to the Supreme Court (rejected last week). What is significant is that the Government accepts Parliament can simply direct the Government to revoke the Article 50 Notice (extract below).
The Government’s position before the Court of Justice of the European Union
The Government has produced this summary of its position before the Court of Justice.
The Petitioners’ position before the Court of Justice of the European Union
You can read our written case to the Court of Justice here.
The written observation of the United Kingdom
Can be read here.
The written observations of the Commission
Can be read here.
The written observations of the Council
Can be read here.
The written observations of the Additional Parties
Can be read here.
The speaking note of the Petitioners before the Court of Justice
You can read the note here.
Notes from the hearing before the Court of Justice of the European Union
You can read the notes here.
The speaking note of the additional parties
This can be read here.
The hearing
The hearing will start at 9am. It will be before a full Court – a rare event reserved for cases of the greatest importance.
Our present understanding is that the only parties to speak will be (1) the Petitioners (Andy Wightman MEP, Joanna Cherry MP, Catherine Stihler MEP, Ross Greer MSP, Alyn Smith MEP, David Martin MEP, Jolyon Maugham QC) (2) the Additional Parties (Chris Leslie MP and Tom Brake MP) (3) the Secretary of State for DExEU (4) the EU Council and (5) the EU Commission.
We will also publish on this page our Speaking Note to the Court; an account – as close to verbatim as possible – of the hearing immediately it concludes; and such other public documents as we are able to publish.
Funding
The case is funded from (1) almost six thousand donations at an average of £30.20 per donation and (2) the modest general resources of Good Law Project, drawn overwhelmingly from monthly subscriptions from members of the public. If you wish to fund the case you can do so here and if you wish to fund Good Law Project you can do so here.