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ARTICLE · 13 FEBRUARY 2018

Brexit: In The Courts Again

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Two significant Brexit-related court cases were decided last week. On 6 February, the Court of Session in Edinburgh rejected the case on whether Britain could unilaterally withdraw its Article 50 notice.

United KingdomGovernment, Public Sector
Jonathan Rush
Jonathan Rush
Moji Oyediran
Moji Oyediran
Lauren Clark-Hughes
Lauren Clark-Hughes
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Two significant Brexit-related court cases were decided last week. On 6 February, the Court of Session in Edinburgh rejected the case on whether Britain could unilaterally withdraw its Article 50 notice. Meanwhile, a court in the Netherlands paved the way for an ECJ decision on whether UK nationals can retain EU citizenship after Brexit.

Article 50 – no going back?

Since the decision to trigger Article 50 of the Treaty on European Union last March, taken somewhat hastily in the view of many Remainers, there has been considerable interest in a case brought by a group of Scottish politicians from the SNP, Labour, Scottish Greens and Liberal Democrats, and backed by The Good Law Project, a campaign group. The claimants petitioned for judicial review of the UK Government's decision, in the hope that the issue of revocability of Article 50 would be referred to the CJEU.

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