The British Government has suffered a momentous defeat in a High Court ruling over whether Article 50 can be triggered by law without a parliamentary vote.
Lord Chief Justice Lord Thomas said on Thursday Theresa May must allow Parliament a vote before formal Brexit proceedings can be invoked in a surprise ruling that complicates the Government's Brexit plans.
However, the legal challenge could be overturned within a matter of weeks as the Government has been given the right to appeal the decision to the Supreme Court, the UK’s highest legal authority.
The case is expected to be heard on 7 December after it was fast-tracked following the Prime Minister’s pledge to start Brexit negotiations next spring.
The appeal will be considered by Britain’s 12 Justices of the Supreme Court, appointed by the Queen.
The group is headed by Britain’s most powerful judge, President Lord Neuberger, along with deputy president Lady Hale, and hears appeals on arguable points of law of the greatest public importance.
The 10 other Justices who will consider the challenge are Lords Mance, Kerr, Clarke, Wilson, Sumption, Reed, Carnwath, Hughes and Hodge.
Gina Miller, one of the claimants who brought the Article 50 case to the High Court, said in a statement outside the Royal Courts of Justice that the Government should accept the ruling and give up its right to appeal to the Supreme Court.
However, the Government, who said it was “disappointed” with the ruling, has confirmed it will push ahead with the appeal.
A Downing Street spokesperson said: "The Government is disappointed by the Court’s judgment.
"The country voted to leave the European Union in a referendum approved by Act of Parliament. And the Government is determined to respect the result of the referendum. We will appeal this judgment."
Following the Supreme Court ruling, there is a chance the Government could lodge an appeal to the European Court of Justice in Luxembourg, the EU’s highest court.
