Leading international law firm Mishcon de Reya, with offices in New York and London and over 700 staff, has been retained by a group of clients to help ensure that the UK Government does not trigger article 50 to withdraw from the EU without an Act of Parliament, citing the Brexit withdrawal would otherwise be unlawful.
The goal of the legal action is to make sure the process of the Article 50 notification is lawful, as per a statement from Mishcon de Reya.
While the referendum of June 23rd was described by the law firm as an exercise to obtain the views of UK citizens, Mishcon de Reya explained in its announcement how the legal process of withdrawal rests with the elected representatives based on the ‘UK constitution’.
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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.
Article 50 Process
The firm said it has been in talks with UK Government lawyers since the 27th of June on behalf of its clients in order to obtain assurance that the ‘UK constitution’ will be upheld with regard to the Brexit process of invoking article 50 by including Parliament.
Commenting in a statement, Kasra Nouroozi a Partner at Mishcon de Reya 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.”
Mr. Nouroozi added: “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.”
“We must make sure this is done properly for the benefit of all UK citizens. Article 50 simply cannot be invoked without a full debate and vote in Parliament. Everyone in Britain needs the Government to apply the correct constitutional process and allow Parliament to fulfil its democratic duty which is to take into account the results of the Referendum along with other factors and make the ultimate decision,” concluded Mr. Nouroozi in the statement..