Links to the Written Arguments of the Parties and Interveners in the Brexit Appeal to the Supreme Court

I thought it might be useful to attempt to create somewhere that had links to the Written legal submissions sent to the Supreme Court by the Government, Gina Miller and others who have been given permission by the Supreme Court to take part in the process which begins on Monday 5th December.

For each submission that I've seen I'll try to summarise its viewpoint in a sentence or two.

The Secretary of State for Exiting the European Union is the Appellant.

His written case is here: Supreme Court Printed Case of the Secretary of State for Exiting the European Union

The Secretary of State is arguing that the Government, through the archaic Royal Prerogative, has the power lawfully to send a "notification" of the kind described in Paragraph 2 of Article 50 of the Treaty on European Union. It is the Secretary of State's case that he need not consult Parliament in any way before sending an Article 50 "notification".

The lead Claimant, Gina Miller has not yet, so far as I'm aware, published her written submission.

I have seen a copy.

Ms. Miller seeks to argue, as she did before the High Court, that the Government cannot use the Royal Prerogative to send an Article 50 "notification". Parliament must consider the matter and, as decided by the High Court, that Parliamentary involvement must include an Act of Parliament.

The other claimant has not yet, so far as I'm aware, published his written submission.

I have not seen the document.

The Lord Advocate, as the senior Law Officer in Scotland, is an Intervener and has published his written case.

The Lord Advocate's written case can be found here: Written Case of Lord Advocate

The Lord Advocate argues that not only an Act of the Westminster Parliament is required, but that the Legislative Consent Convention is engaged which, in effect, requires that the Scottish Parliament be asked for its consent to any Bill being presented to the Westminster Parliament which seeks to achieve Exit from the European Union.

The Counsel General for Wales is also and Intervener and has published his case.

The Counsel General's case is here: [Add link when I find it again]

The Counsel General's case is broadly similar to the Lord Advocate's but my impression is that he argues more diffidently for engagement of the Legislative Consent Convention than does the Lord Advocate.

 A group of lawyers who favour Brexit has been granted permission to intervene.

At present I haven't seen their written submission nor has it been published so far as I'm aware..

In addition to the parties to the Appeal from the Gina Miller case in the English High Court there are also two written submissions from Northern Ireland.

 Neither, so far as I'm aware, has been published but I've seen both.

One is from Steven Agnew and others.

That submission argues inter alia that a Legislative Consent Motion by the Northern Ireland Assembly is required before an Article 50 "notification" may lawfully be sent.

The second submission from Northern Ireland is on behalf of Raymond McCord.

Mr McCord's submission asserts that the "consent of the Sovereign people of Northern Ireland" is required before an Article 50 "notification" may lawfully be sent.

The above submissions are each of the order of 20-50 pages long so be aware that I am very much simplifying the content of each document.