
Countries / Territories
- 🌐
Related contacts
Related offices
Related contacts
Related offices
Related contacts
Related offices
By: Gemma Hyslop
In an unprecedented hearing last week, the eleven permanent Justices of the Supreme Court sat together to hear the case of R (on the application of Miller and Dos Santos) v Secretary of State for Exiting the European Union. They met to decide if the UK government can invoke Article 50 and so commence the Brexit process without obtaining prior parliamentary approval.
The four-day hearing took place as a result of the appeal brought by the government following the unanimous decision at the High Court in favour of Ms Miller and the argument that parliament must be consulted on when to start the Brexit process.
In a move seemingly designed to test the British public’s appetite for complex and nuanced legal argument, the Supreme Court live blogged the four-day hearing, parts of which were also televised.
The government set out its argument first, asserting that the royal prerogative allows the government to proceed to enact Article 50 without consulting parliament; as Ministers negotiated the treaty that allowed the UK to join Europe in 1972, they retained the power to withdraw from that same treaty.
The representatives for Miller et al. responded contesting that triggering Article 50 without such consultation would lead to rights established by parliament being annulled; Ministers do not have the power to unilaterally change the constitution.
A myriad of legal issues were raised over the course of the four days, not least arguments from all devolved powers that their individual approval should be sought from Westminster before the formal Brexit process begin.
As the hearing drew to a close, early predictions indicated a seven – four split in favour of empowering parliament to decide when Article 50 should be invoked, as opposed to the government.
Opinion is divided on whether the government would seek to appeal a negative decision, the only such route being to Europe. This would add months to the decision time line, further delaying the government’s proposed March 2017 deadline for engaging Article 50.
Whilst the judgement will not overturn the referendum decision that the UK shall leave the European Union, it will determine whether the decision to formally start the process to leave Europe is vested in the government or parliament.
The ruling is expected in January 2017. Politicians, pundits and the public alike wait to see what the New Year brings.
Countries / Territories
- 🌐
Related contacts
Related offices
Related contacts
Related offices
Related contacts
Related offices
Explore more at Fragomen
Brexit
UK Government Affairs Strategy Director Shuyeb Muquit explains how a possible UK–EU Youth Mobility Scheme could work in practice, what challenges remain and what it may mean for young people and employers.
Awards
Twelve Fragomen lawyers are recognized on the 2026 Pro Bono Recognition List, reflecting their commitment to providing free legal assistance to those in need.
Media mentions
Senior Immigration Manager Jonathan Hill discusses new UK guidance suggesting the Home Office may use data to assess agent trust, raising questions about transparency and compliance demands.
Video
In this video, Partner Aim-on Larpisal provides a high-level overview of common Thai visa categories and how they are structured based on purpose of stay, including tourism, work, education and long-term residence.
Work authorization
Partner Chad Blocker outlines what employers should do following completion of the FY 2027 H-1B cap lottery, explains the factors behind lower demand and higher selection rates and highlights key filing risks, timelines and alternative visa options to consider next.
Media mentions
Senior Counsel Mitch Wexler discusses China’s EB-5 Unreserved category advancing to September 22, 2026, while India’s dates remain unchanged with potential for retrogression amid sustained demand.
Media mentions
Partner Julia Onslow-Cole discusses Middle East-based UHNW clients making short-term moves driven by schooling and timing considerations.
Media mentions
Senior Manager Katharina Vorländer examines how immigration rules for offshore wind projects in Germany hinge on nautical boundaries and why careful personnel planning is essential to avoid compliance risks.
Media mentions
Poland Immigration Strategy Director Tomasz Rogala comments on a draft regulation restricting work for citizens of Georgia, Colombia and Venezuela in Poland during visa-free stays.
Awards
Partners Chris Spentzaris and Sasko Markovski, Practice Leader Sarah Tan and Counsel Robert Walsh are recognized by Best Lawyers in Australia for their work in immigration law.
Awards
Fragomen is shortlisted across multiple categories in the 2026 EMMA Awards, recognizing innovation and impact in global mobility and immigration services.
Brexit
UK Government Affairs Strategy Director Shuyeb Muquit explains how a possible UK–EU Youth Mobility Scheme could work in practice, what challenges remain and what it may mean for young people and employers.
Awards
Twelve Fragomen lawyers are recognized on the 2026 Pro Bono Recognition List, reflecting their commitment to providing free legal assistance to those in need.
Media mentions
Senior Immigration Manager Jonathan Hill discusses new UK guidance suggesting the Home Office may use data to assess agent trust, raising questions about transparency and compliance demands.
Video
In this video, Partner Aim-on Larpisal provides a high-level overview of common Thai visa categories and how they are structured based on purpose of stay, including tourism, work, education and long-term residence.
Work authorization
Partner Chad Blocker outlines what employers should do following completion of the FY 2027 H-1B cap lottery, explains the factors behind lower demand and higher selection rates and highlights key filing risks, timelines and alternative visa options to consider next.
Media mentions
Senior Counsel Mitch Wexler discusses China’s EB-5 Unreserved category advancing to September 22, 2026, while India’s dates remain unchanged with potential for retrogression amid sustained demand.
Media mentions
Partner Julia Onslow-Cole discusses Middle East-based UHNW clients making short-term moves driven by schooling and timing considerations.
Media mentions
Senior Manager Katharina Vorländer examines how immigration rules for offshore wind projects in Germany hinge on nautical boundaries and why careful personnel planning is essential to avoid compliance risks.
Media mentions
Poland Immigration Strategy Director Tomasz Rogala comments on a draft regulation restricting work for citizens of Georgia, Colombia and Venezuela in Poland during visa-free stays.
Awards
Partners Chris Spentzaris and Sasko Markovski, Practice Leader Sarah Tan and Counsel Robert Walsh are recognized by Best Lawyers in Australia for their work in immigration law.
Awards
Fragomen is shortlisted across multiple categories in the 2026 EMMA Awards, recognizing innovation and impact in global mobility and immigration services.


