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The Guardian - UK
The Guardian - UK
Politics
Owen Bowcott Legal affairs correspondent

High court decision on who has power to trigger Brexit due on Thursday

Theresa May
Theresa May has said she will trigger article 50, beginning the process of the UK leaving the EU, by the end of March 2017. Photograph: Nick Ansell/PA

The high court is to deliver its decision on whether parliament or the government has the constitutional power to trigger Brexit on Thursday morning.

The judgment could give MPs the authority to formally notify the EU of Britain’s intention to leave, or allow them to block the process.

Alternatively, it could confirm Theresa May’s assertion that the prime minister has the power under the royal prerogative to inform Brussels of the UK’s intention. Either way, the judgment is very likely to be appealed and taken to the supreme court for further legal argument.

The case was heard over three days last month. The lord chief justice, Lord Thomas of Cwmgiedd, will read out a summary of the judgment in the royal courts of justice in London from 10am.

To prevent leaks, given the politically sensitive legal process, and because of the large number of parties involved, preliminary drafts of the judgment are understood not to have been sent out in advance to lawyers.

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