The Brexit will have to overcome an additional legal hurdle before the UK can begin leaving the European Union.
UK law firm Mishcon de Reya, acting “on behalf of a group of clients,” said that for “legal certainty and to protect the UK Constitution and the sovereignty of Parliament,” a full debate and vote in the UK Parliament needs to happen before Article 50 is invoked.
“The result of the Referendum is not in doubt, but we need a process that follows UK law to enact it,” said partner Kasra Nouroozi.
“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.”
Mishcon de Reya has been in contact with government lawyers since June 27, it said, just four days after the UK Referendum resulted in a vote to leave.
It has been urging the government to ensure the correct constitutional process is undertaken, it added, because not doing so will make the UK’s withdrawal from the European Union unlawful.
Hanging in the balance is the political and economic relationship the UK will be forging with the EU and its 27 member-states, the firm noted, as well as whether or not legal challenges can be brought against the exit.
The law firm said Baron David Pannick QC and Tom Hickman will act as lead counsel in the action, along with Rhodri Thompson QC and Anneli Howard.