The British Government may have to wait until January 2017 before the Brexit Negotiations can Continue.

The recent legal challenge to the legitimacy of triggering Article 50 without prior consent of Parliament may force the British government to wait until January 2017 for a ruling from the supreme court before going ahead with the plan to exit the EU in March 2017. The Brexit Secretary, David Davis, has confirmed to the House of Commons that the supreme court will hear the case next month, however a decision may not be forthcoming until the New Year.

The Lord Chief Justice, Lord Thomas, has made it quite clear that Theresa May must win parliamentary vote before formal Brexit proceedings can be invoked in a ruling that further complicates the Government’s Brexit plans. 

The high court ruling could, nonetheless, be overturned within a matter of weeks as the Government has been granted the right to appeal the decision at the supreme court, the UK’s highest legal authority. The case is expected to be heard on 7 December. Mr Davis made it clear that once the final decision is delivered, Parliament should then accept and respect the judgment.

The possibility that the decision will not be made until January creates a much smaller window for the final preparations. Theresa May may be faced with a tight timetable in which to win the parliamentary vote and invoke article 50 before the end of March, as dictated by the Prime Minister’s original agenda.

Should you wish to know more about the likely impact of Brexit or you are directly affected by the potential risk posed by Brexit please email: clientservices@giambronelaw.com or call 020 7183 9482 or further information.