UK court rejects bid to stop ECJ examining if Brexit can be reversed

A member of security stands guard inside the Supreme Court in London - Copyright REUTERS

Published on 20/11/2018 - 12:01•Updated 14:47

The UK's top court has rejected a bid to stop Europe's top court from determining whether Brexit can be reversed.

The UK's highest court has rejected an application to try and stop Europe's top court from looking into whether Brexit can be reversed.

The case to investigate whether it was possible to reverse Brexit was put forward by a Scottish court, where some politicians opposed to it wanted the interpretation of Article 50 clarified.

They wanted to know whether Britain can withdraw its notification to leave without permission from the EU's other member states.

Subsequently, the British government put in an application to stop the European Court of Justice from looking into it.

The appeal was on the grounds that whether or not Britain could reverse the decision was immaterial, since ministers had no intention of doing so.

However, the Supreme Court have rejected it.

The decision was confirmed in a statement on the Supreme Court's website.

"Having considered submissions from the parties 'on paper', in the usual way, the Supreme Court of the United Kingdom has refused permission for the Secretary of State for Exiting the European Union to appeal," it said on the site.

The UK Supreme Court also tweeted its conclusion.

The ECJ is due to hear the case on the 27 November.

Background facts

:: On 23 June 2016, the UK voted by a majority to leave the EU.

:: On 29 March 2017, the British Prime Minister gave notice under Article 50 of the TEU of the UK's intention to withdraw from the EU.

:: On 19 December 2017, a petition was lodged. The question petitioners want answered is whether, when and how the Article 50 notification can be unilaterally revoked by the UK.

:: At first, a reference to the ECJ was declined in the Court of Session in Scotland. The petitioners appealed.

:: The First Division of the Inner House, the senior part of the Court of Session, allowed the appeal.

:: On 3 October 2018, the Court of Session in Scotland sent a reference to the ECJ seeking a preliminary ruling.

:: The ECJ applied its expedited procedure (as requested by the Court of Session to the case). An oral hearing was fixed for 27 November 2018.

:: On 16 November, the Supreme Court received an application from the Secretary of State for Exiting the EU for permission to appeal the hearing fixed.

:: On 20 November 2018, the Supreme Court of the UK refused permission for the Secretary of State for Exiting the EU to appeal.

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