R (on the application of Miller & Dos Santos) v Secretary of State for Exiting the European Union
Updates on interveners
25 November 2016
The Supreme Court has now considered three further applications to intervene in the above case.
Lawyers for Britain Limited have been granted permission to file written submissions (they will not address the court orally during the hearing).
Applications from 4A Law and New Europeans have been refused permission.
The Court does not typically publish detailed reasons for decisions on applications to intervene. In broad terms, decisions on allowing interventions are made based on the standing of those applying in relation to the case, with particular weight given to applications from public interest bodies; consideration is also given to the extent to which applications raise points not already being covered by the existing parties.
The Court is not in a position to publish the interveners' applications, and any queries on them should be addressed to the relevant party.
Towards the end of next week we will publish a timetable for the hearing itself, listing when respective parties will address the Court.
18 November 2016
The Supreme Court has today confirmed that the following applications to intervene in the above case have been granted:
- The Lord Advocate, Scottish Government
- The Counsel General for Wales, Welsh Government
- The 'Expat Interveners', George Birnie and Others
- The Independent Workers Union of Great Britain
Additionally, the Attorney General for Northern Ireland has made a reference to the Court regarding devolution issues relating to that jurisdiction. Permission to intervene is therefore not necessary.
Counsel for the Scottish Government and for the Independent Workers Union of Great Britain have been invited to address in their skeleton arguments the relevance of points of Scots Law, so far as they do not also form part of the law of England and Wales, to the determination of the present proceedings.
A further update on other applications to intervene, and a timetable for oral submissions during the hearing, will be issued in due course.
The Court is not in a position to publish the interveners' applications, and any queries on them should be addressed to the relevant party.