An anonymous group of British companies have come together to mount a legal challenge against taking the UK out of the EU without an act of parliament, it emerged today.
Law firm Mishcon de Reya, which has refused to identify the companies behind the challenge, believes that activating Article 50 of the Lisbon Treaty without a vote in parliament would be in breach of rights established by the European Communities Act of 1972.
Article 50, once invoked by the UK government, triggers the process of Britain's exit from the European Union (EU) following last month's referendum in favour of Brexit.
"The result of the referendum is not in doubt, but we need
a process that follows UK law to enact it. Article 50 simply cannot be invoked without a full debate and vote in parliament," Kasra Nouroozi, a partner at Mishcon de Reya, told the 'Financial Times'.
"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," he said.
Mishcon said it had been in correspondence with government
officials to seek assurances over the process.
However, the UK government lawyers believe the country's executive did have the power to activate Article 50.
European leaders have said Britain should not delay leaving the EU, with European Commission President Jean-Claude Juncker saying the UK does not have "months to meditate" over Article 50.
Once the official exit procedure is triggered under Article 50, there is a two-year time limit to negotiate an exit deal from the EU.
The two-year negotiation period under Article 50 can be extended only with the unanimous agreement of the remaining 27 member states of the EU.
If there is no extension, the UK ceases to be a member of the EU on the conclusion of an agreement within the two years, but in any event two years after notice has been given.
"As the prime minister said in the Commons, we have now got to look at all the detailed arrangements, and parliament will clearly have a role in making sure that we find the best way forward," said a Cabinet Office spokesman.
"It will be important to ensure in moving ahead that the interests of all parts of the United Kingdom are protected and advanced," he said.
In the historic June 23 referendum, the UK voted to leave the EU after 43 years as 52 per cent of the Britons favoured quitting the 28-member EU while 48 per cent supported staying in the bloc.
