Mishcon de Reya prepares legal challenge to Brexit; Law Soc issues advice on changes ahead

Mishcon de Reya is bringing a case on behalf of an anonymous group of clients against the government in a bid to ensure that Article 50, which would signal the United Kingdom’s intention to leave the European Union, is not triggered without the appropriate parliamentary process being followed.

As reported in the Guardian and elsewhere, the firm says that the wording of Article 50 - ie, “any member state may decide to withdraw from the Union in accordance with its own constitutional requirements” – is ambiguous. One of the suggested legal challenges is that the referendum is merely advisory and the royal prerogative cannot be used to undermine a statute.

Kasra Nouroozi, a partner at Mishcon, said: “We must ensure that the government follows the correct process to have legal certainty and protect the UK constitution and the sovereignty of Parliament in these unprecedented circumstances. The result of the referendum is not in doubt, but we need a process that follows UK law to enact it. The outcome of the referendum itself is not legally binding and for the current or future prime minister to invoke Article 50 without the approval of Parliament is unlawful.”

In other Brexit news, the Law Society has issued more advice on the implications of Brexit, and warned that changes to key laws could take years to accomplish. Catherine Dixon, chief executive of the Law Society, said: “The Law Society has a vital role convening legal expertise to help our country through this period of unprecedented change. I also want to strike a note of reassurance. While there may be change ahead, nothing fundamental is likely to happen in legislative terms until after Article 50 is triggered, which we are told will be in the autumn when a new prime minister has taken office. Equally, for now, there will be no change to people's legal rights or obligations.”