
Countries / Territories
- 🌐
Related offices
Related offices
The Government will need MPs approval before it can trigger Article 50 of the Lisbon Treaty.
Following the UK's decision to leave the European Union, Prime Minister Theresa May announced her intention to trigger Article 50 in early 2017, starting a two-year countdown to exit from the EU.
The process for withdrawal from the EU is governed by Article 50 of the Treaty on the European Union, which states that once a member gives notice of its decision to withdraw, it has a two-year period within which to negotiate a withdrawal agreement. Once that period elapses, all associated treaties and agreements come to end, subject to an extension which can only be granted by the unanimous decision of the European Council.
The case challenged the Secretary of State’s power to trigger Article 50 unilaterally and argued that there was an obligation to first put the matter to Parliament to vote. The Government accepted in this case that once triggered, Article 50 cannot be withdrawn, nor can it be qualified such that Parliament would be able to ‘take back’ Article 50 if not content with the withdrawal agreement negotiated by the Government. The Court found that as the effect of withdrawal from the EU would inevitably mean the change of domestic laws, it was contrary to fundamental principles of Parliamentary sovereignty for this to happen without the vote of Parliament.
The Government will appeal against the decision.
Although appeals from the High Court would normally go to the Court of Appeal first, it is understood this case will exceptionally ‘leapfrog’ the Court of Appeal and go directly from the High Court to the Supreme Court.
Countries / Territories
- 🌐
Related offices
Related offices
Explore more at Fragomen

Blog post
Manager Adam Hickling, Senior Immigration Consultant Katya Fedorenko and Paralegal Sasindie Ambawatte explore how upcoming changes to the UK's skilled worker visa scheme may affect recruitment and retention in the aviation sector.

Media mentions

Media mentions
Partner Parisa Karaahmet discusses updates in the October 2025 US visa bulletin for employment-based green card applicants.

Video
Afzal Amin highlights a significant update for UAE Golden Visa holders: the Jebel Ali Free Zone authorities have replaced permanent access cards with permanent identity cards.

Blog post

Blog post
Associate Pauline Chomel and Immigration Consultant Pebbless Agyemang discuss Belgium’s new family reunification rules and their impact on applicants.

Media mentions
Senior Associate Oliver L. Ashworth and Director David Iannella discuss recent US immigration and visa changes and what German businesses and travelers should know.

Media mentions
Senior Manager Louise Senior highlights how UK hospitality employers face heightened risk as visa sponsors and why it is important for them to understand their responsibilities to avoid penalties.

Fragomen news
Fragomen announces the expansion of Nomadic to the Nordics, providing end-to-end support for short-term business travel and cross-border compliance.

Blog post
Immigration Supervisor Michael Salas Guzman discusses Costa Rica investment residency options and requirements for foreign investors, retirees and rentiers.

Media mentions
Managing Partner for the Middle East and Africa Murtaza Khan discusses why immigration due diligence is important in GCC mergers.

Fragomen news
Fragomen announces the opening of new offices in Wrocław and Gdańsk, welcoming Partner Karolina Schiffter to its Poland practice.

Blog post
Manager Adam Hickling, Senior Immigration Consultant Katya Fedorenko and Paralegal Sasindie Ambawatte explore how upcoming changes to the UK's skilled worker visa scheme may affect recruitment and retention in the aviation sector.

Media mentions

Media mentions
Partner Parisa Karaahmet discusses updates in the October 2025 US visa bulletin for employment-based green card applicants.

Video
Afzal Amin highlights a significant update for UAE Golden Visa holders: the Jebel Ali Free Zone authorities have replaced permanent access cards with permanent identity cards.

Blog post

Blog post
Associate Pauline Chomel and Immigration Consultant Pebbless Agyemang discuss Belgium’s new family reunification rules and their impact on applicants.

Media mentions
Senior Associate Oliver L. Ashworth and Director David Iannella discuss recent US immigration and visa changes and what German businesses and travelers should know.

Media mentions
Senior Manager Louise Senior highlights how UK hospitality employers face heightened risk as visa sponsors and why it is important for them to understand their responsibilities to avoid penalties.

Fragomen news
Fragomen announces the expansion of Nomadic to the Nordics, providing end-to-end support for short-term business travel and cross-border compliance.

Blog post
Immigration Supervisor Michael Salas Guzman discusses Costa Rica investment residency options and requirements for foreign investors, retirees and rentiers.

Media mentions
Managing Partner for the Middle East and Africa Murtaza Khan discusses why immigration due diligence is important in GCC mergers.

Fragomen news
Fragomen announces the opening of new offices in Wrocław and Gdańsk, welcoming Partner Karolina Schiffter to its Poland practice.