As work on Brexit continues government lawyers are now saying that Article 50 can be triggered without a parliamentary vote (HERE) so the result of the legal challenge planned by Mishcon de Reya will be interesting. I think interesting enough for a court to decide it is worth a hearing.
A couple of other very significant points that no doubt will be pored over are in the same Guardian report.
Firstly, the French government's legal officers are apparently saying Article 50 could be rescinded after being triggered. If true, this is probably good news for remainers since we will all be able to see what is happening to the econmomy, what kind of deal emerges and we can reject it if necessary.
Secondly, an academic, a professor of European law has said if we join Norway in the EEA, all 27 EU members, all 4 Efta members and the European parliament must agree unanimously and any one of them could block it. He said there is no chance of negotiating an opt out of freedom of movement of workers and added that the legislative complexity of disentangling the UK from the EU will require a large surrender of power from parliament to executive. He also pointed out Britain would still be bound by the judgements of international courts under any significant international free trade agreement with other countries.
He said the UK would be bound by the rulings of an Efta supervisory court, and these were part of international law, making them binding on the UK.
All in all a huge amount of upheaval for almost no benefit.
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