Gina Miller and a case that could change Brexit future

25 Aug 2016 | Written by Vaneet Randhawa; Edited by Shikha Chaudhry
Can a legal case rewrite the Brexit fate?

Gina Miller, a London-based investment manager has taken up a historic case in the UK supreme court.

She has argued that the PM should not be able to use royal privilege to entreat Article 50 (leading to leaving the European Union).

Instead, the PM should be constitutionally obliged to obtain parliamentary consent before initiating Britain's exit from the 28-nation bloc.

In context: Can a legal case rewrite the Brexit fate?

24 Jun 201651.5% voters favor Brexit; PM Cameron resigns

Over three years after British Prime Minister David Cameron had unveiled his strategy to hold the Brexit referendum, a majority of Britons voted to leave the EU.

Cameron, who urged voters to vote for the 'remain' camp, announced his resignation after vote.

He said he would help "steady the ship" in the coming weeks and months; he added he would leave office in Oct'16.

Challenge to 'Brexit'Gina Miller spearheads case against invoking Article 50

Britain's new PM Theresa May is expected to invoke Article 50 and start the official process of leaving the EU.

However, "at least seven lawsuits" want the courts to force the the legislators vote and decide "when, how and whether to leave the EU".

Gina Miller filed a case as lead challenger to the 'Brexit' process in the courts seeking a parliamentary vote.

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What is Article 50?

Article 50What is Article 50?

Article 50 is a clause in the Lisbon treaty that fixes the legal method for a country leaving the European Union.

After the declaration, within 2 years negotiations must be concluded.

During the process, UK continues as an EU member but if discussions are not settled after two years, and not continued, Britain returns to world trade organization terms, needing tariffs to be imposed.

19 Jul 2016Lawsuit countering Article 50 to go straight to Supreme Court

Gina Miller's case against moving article 50 was moved quickly to the Supreme Court after being considered a case "of such constitutional importance".

The 2-day hearing will start on October 15 and Gina Miller will be the lead claimant.

Hairdresser Deir Dos Santos, an organization of unnamed U.K. citizens residing in France and other expatriates, will be a part of the proceedings.

21 Jul 2016What does this case mean?

According to Miller, the people of England were misled into voting to leave the European Union without understanding that there was "no credible plan for an exit".

The case is against Prime Minister Theresa May deciding to leave EU.

Instead, it wants the parliament to decide when, how and whether to move away from the EU rather than the PM taking this decision.

25 Aug 2016Gina Miller and a case that could change Brexit future

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Problem with the case

The MPs face a double dilemma: while most MPs had voted to stay in the EU, their constituents had voted against it. In the case of another vote, the MPs will be sceptical of voting against the mandate of their own constituents.

14 Jan 2017Case to reverse Brexit to start in January in Dublin

The lawyer behind the crowdfunded legal challenge to reverse Britain's divorce from the European Union said the case will be launched in Dublin by the end of January.

British PM Theresa May, however, said that she will entreat the Article 50 of the EU's Lisbon Treaty by the end of March which will start the formal divorce talks.

05 Mar 2017Britain could exit EU without paying: Experts

The Lords EU Financial Affairs Committee stated that Britain could exit the EU without paying any money if the two-year Article 50 talks ended with no deal.

However, they added that this situation could make it harder for Britain to gain access to EU markets in the future.

Sources said the EU may demand a "divorce bill" of up to €60 billion.