1 Appendix 1

3 Enemies of the people: Fury over 'out of

4 touch' judges who have 'declared war on

5 democracy' by defying 17.4m Brexit voters

6 and who could trigger constitutional crisis

9 Judges ruled Brexit could not be triggered without a Westminster vote

10 The Lord Chief Justice and two colleagues were branded 'out of touch'

11 They were accused of putting Britain on course for a 'constitutional crisis'

12 By James Slack, Political Editor For The Daily Mail

13 Published: 23:38 BST, 3 November 2016 | Updated: 15:26 BST, 4 November 2016

14 MPs last night tore into three 'out of touch' judges for ruling that embittered Remainers in

15 Parliament should be allowed to frustrate the verdict of the British public.

16 The Lord Chief Justice and two senior colleagues were accused of putting Britain on course

17 for a full-blown 'constitutional crisis' by saying Brexit could not be triggered without a

18 Westminster vote.

19 The judgment by Lord Thomas a founding member of the European Law Institute, a club of

20 lawyers and academics aiming to 'improve' EU law throws into chaos Mrs May's timetable

21 for invoking Article 50 in March next year.

22

23 'Out of touch': The judgment by the Lord Chief Justice (pictured) and two senior

24 colleagues throws into chaos Mrs May's timetable for invoking Article 50 in March next

25 year

26 Senior MPs led by an ex-justice minister said it was an outrage that an 'unholy alliance'

27 of judges and embittered Remain backers could thwart the wishes of 17.4million Leave

28 voters.

29 They warned that Mrs May could be forced to hold an election early next year if the courts

30 did not back down. Leave campaigners said the judges had 'declared war on democracy'. On

31 an 'declared war on democracy'.

32 On an extraordinary day of drama:

33 Brexit Secretary David Davis warned judges and MPs not to defy the will of the

34 British public

35 Gloating Remainers took to social media to boast about a victory for 'democracy';

36 MPs predicted the chaos could delay Brexit by up to a year;

37 Judges left the door open to the taxpayer being saddled with a hefty legal bill for

38 costs;

39 A group of pro-Remain Tory and Labour MPs met to plot how the ruling could be

40 used to force Mrs May to reveal more about her broad negotiating aims;

41 Scotland's first minister Nicola Sturgeon threatened to join the legal action in her

42 own bid to frustrate Brexit;

43 Brexiteers pointed out that a 9million taxpayer-funded leaflet sent to every home

44 clearly stated that the referendum result would be followed directly by ministers;

45 Bookmakers shortened the odds on a 2017 general election to 2/1.

46 The row exploded yesterday morning when a panel led by the Lord Chief Justice, Lord

47 Thomas, ruled that Mrs May cannot trigger Article 50 the formal two-year process for

48 leaving the EU without a vote by Parliament.

49 This is despite a clear commitment by the Government during the referendum to enact the

50 public's verdict without delay. A furious Number Ten vowed to challenge the 'disappointing'

51 decision in the Supreme Court next month.

52

53 The Prime Minister (pictured last night) was today told she does not have the power to

54 trigger Article 50 to start the two-year Brexit process and must seek Parliamentary

55 approval

56 'This is about process not politics': Gina Miller's victory speech

57 JUDGE WHO IS A FOUNDER MEMBER OF EURO LAW CLUB

58 Lord Chief Justice John Thomas was a founder of the European Law Institut

59 The judge who has threw a spanner in the works yesterday is, professionally at least, a

60 committed Europhile.

61 Lord Chief Justice John Thomas was a founder of the European Law Institute, a club of

62 lawyers and academics aiming to improve EU law.

63 He was also president of the European Network of Councils for the Judiciary for two years.

64 But Lord Thomas of Cwmgiedd, the most senior judge in England and Wales, has also been

65 critical of European judges.

66 In 2014, he spoke out in favour of Parliaments right to decide which crimes were so serious

67 an offender should never go free and criticised Strasbourg judges for saying such

68 sentences breached the European Convention on Human Rights.

69 As a High Court judge, the 69-year-old refused Wikileaks head Julian Assanges appeal

70 against extradition to Sweden and radical cleric Abu Hamzas attempt to avoid extradition to

71 the US.

72 He was also once accused of trying to silence a High Court judge who had championed the

73 institution of marriage. In 2013, he rebuked Sir Paul Coleridge for bringing the judiciary into

74 disrepute after speaking out in favour of traditional marriage and describing the

75 devastating impact of family break-up on children.

76 Lord Thomas has a record of displaying short-tempered impatience over the tricks of

77 immigration lawyers.

78 When a Bangladeshi students lawyers made two last-minute applications to keep him in the

79 country on the eve of his deportation, the judge described it as an intolerable waste of

80 public money, an abuse of the courts, and totally without merit, and threatened lawyers

81 who acted in the same way in the future with vigorous action.

82 Educated at Cambridge, he also attended the University of Chicago. He married an

83 American, Elizabeth, and they have a grown-up son and daughter.

84 In 2011 he and his wife banked 1million when they swapped their 2.6million five-

85 bedroom home for a 1.6million townhouse close to the Thames.

 86 He has spoken up in favour of freedom of the Press and he beat Lord Justice Leveson to

87 become the Lord Chief Justice.

88 Supreme court judges were left in no doubt what was at stake. Mr Davis said that if

89 yesterday's verdict was upheld a full Act of Parliament would be required to trigger Brexit.

90 This would allow MPs or peers to table amendments that would allow them to dictate the

91 terms of Brexit or even halt the process altogether. Mr Davis said heading down this path

92 would be a huge mistake.

93 The outpouring of rage against the High Court's shocking 'judicial activism' was so strong at

94 Westminster that there were calls for a review of the way senior judges are appointed.

95 Whitehall sources also revealed that the judges gave the Government barely an hour's

96 notice of their bombshell verdict. Usually, ministers can expect an overnight warning.

97

98 The case was brought by British citizens Gina Miller, a business woman, pictured outside the

99 High Court after the landmark ruling today

100 Insiders said Mrs May and the ministers in charge of Brexit had all been enraged. They now

101 hope the Supreme Court will see sense. It will hear Mrs May's appeal from December 7

102 with a verdict highly unlikely before Christmas.

103 Ex-attorney general Dominic Grieve a leading Remain campaigner claimed this could

104 delay her pledge to start the two-year process for quitting the EU in March 2017. One

105 minister claimed the delay could take up to a year. The High Court's verdict hinged on an
106 interpretation of British constitutional law. Government lawyers said that, in the wake of

107 the June 23 referendum result, Mrs May had prerogative powers to trigger Article 50

108 without a vote by MPs.

109 But the panel of judges yesterday declared: 'The Government does not have power under

110 the Crown's prerogative to give notice pursuant to Article 50 for the UK to withdraw from

111 the European Union.'

112 9MILLION TAXPAYER-FUNDED LEAFLET SAID OUR DECISION WAS FINAL

113 MPS last night accused judges of failing to read the 9million taxpayer-funded publicity

114 leaflet that stated the referendum result would be followed directly by ministers.

115 Sent to every household before the referendum, the pamphlet stated clearly: This is your

116 decision. The Government will implement what you decide. Despite this, the High Court

117 ruled the referendum was merely advisory and could not be activated without

118 Parliamentary approval. Former Cabinet minister Iain Duncan Smith said the leaflet had

119 been clear, while Tory MP John Redwood said: I cannot believe the judges failed to read

120 the leaflet. Parliament was passing the decision to the people.

121 Implying Remainers had changed their tune, Tory MEP Daniel Hannan said: Did any

122 Remainers disassociate themselves at the time from this [leaflets] statement?

123 They added that triggering Article 50 would fundamentally change UK people's rights and

124 that the Government cannot change or do away with rights under UK law unless Parliament

125 gives it authority to do so.

126 Condemnation of the verdict which few had expected was swift and devastating. MPs

127 pointed out that it had been brought by embittered Remainers and a wealthy fund

128 manager, who had formed an 'unholy alliance' with the judiciary.

129 If the Government's appeal is not successful, an Act of Parliament will be required to trigger

130 Article 50. This would allow MPs or the unelected House of Lords to put down amendments

131 delaying Article 50, insisting Britain must stay in the single market, or block its passage

132 altogether.

133 Ex-justice minister Dominic Raab said: 'On 23 June the British people gave a clear mandate

134 for the UK Government to leave the EU. This case is a plain attempt to block Brexit by

135 people who are out of touch with the country and refuse to accept the result.'

136 He added: 'An unholy alliance of diehard Remain campaigners, a fund manager, an

137 unelected judiciary and the House of Lords must not be allowed to thwart the wishes of the

138 British public. It would trigger a constitutional crisis if the Supreme Court upheld this vague

139 and undemocratic verdict'.

140 Iain Duncan Smith, the former Work and Pensions Secretary said the judges had precipitated

141 'a constitutional crisis literally pitting Parliament against the will of the people'.

142 Ukip's Nigel Farage said: 'I now fear that every attempt will be made to block or delay the

143 triggering of Article 50. If this is so, they have no idea of the public anger they will provoke.'

144 Leading Leave campaigner Douglas Carswell MP said: 'Shocking judicial activism these

145 judges are politicians without accountability.'

146 FORMER FENCING CHAMP

147 Legal history: Sir Terence Etherton

148 Master of the Rolls Sir Terence Etherton is no stranger to the cut and thrust of politics.

149 He qualified for the 1980 Moscow Olympics as part of the British fencing team but

150 boycotted the games in protest against the USSRs invasion of Afghanistan.

151 The 65-year-old, who took his role as the second most senior judge last month, made legal

152 history a decade ago as the first openly gay judge to be made a Lord Justice of Appeal.

153 In 2014, he and his partner, solicitor Andrew Stone, took part in the first Jewish ceremonies

154 at a UK synagogue to convert a civil partnership into marriage.

155 In legal circles, Sir Terence has been described as the epitome of a modern judge. He

156 served for two years as chairman of the Law Commission the Governments legal reform

157 body where he was credited with suggesting enlightened ways of updating laws.

158 Last year, he was hailed for striking a blow to tax dodgers by ruling against investors

159 including Sir Alex Ferguson who took part in a scheme to shelter money from HMRC.

160 BLAIR'S PAL BILLED YOU 3M

161 Treasury: Lord Justice Sales

162 The panels third judge, Lord Justice Sales, came from the same chambers as Tony Blair and

163 once billed taxpayers more than 3million. He defended the Blair government in a 2005

164 court challenge over the decision not to hold a public inquiry into the Iraq war.
165 Sir Philip Sales charged taxpayers 3.3million in six years during his tenure as Mr Blairs First

166 Treasury Counsel a lawyer who represents the UK government in the civil courts.

167 His appointment in 1997 had caused consternation in legal circles because he was only 35.

168 He had been a barrister at 11KBW, the same chambers as Mr Blair and then-lord chancellor

169 Derry Irvine, leading to claims of cronyism.

170 The 54-year-old studied at both Oxford and Cambridge and was called to the Bar in 1985. In

171 2009, the same year Sir Philip stopped being First Treasury Counsel, Londons Evening

172 Standard revealed he had charged up to 619,000 a year for fighting the governments

173 corner.

174 He was made a QC in 2006, a High Court judge in 2008 and an Appeal Court judge in 2014.

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186

187 Appendix 2

188 Brexit court defeat for UK government - BBC News

189

190

191 Media captionBrexit challenger Gina Miller: "This result is about all our futures"

192 Parliament must vote on whether the UK can start the process of leaving the EU, the High Court has ruled.

193 This means the government cannot trigger Article 50 of the Lisbon Treaty - beginning formal exit negotiations

194 with the EU - on its own.

195 Theresa May says the referendum - and existing ministerial powers - mean MPs do not need to vote, but

196 campaigners called this unconstitutional.

197 The government is appealing, with a further hearing expected next month.

198 The prime minister's spokeswoman said she would be calling President of the EU Commission Jean-Claude

199 Juncker to say she intended to stick to her March 2017 deadline for triggering Article 50.

200 Amid suggestions that she might try to call an early general election, she added that Mrs May believed "there

201 shouldn't be an election until 2020 and that remains her view".
202 A statement is to be made to MPs on Monday but the government says it has no intention of letting the

203 judgement "derail Article 50 or the timetable we have set out".

204 Brexit Secretary David Davis said he presumed the court ruling meant an act of Parliament would be required to

205 trigger Article 50 - so would be subject to approval by both MPs and peers.

206 But the government was going to contest that view in an appeal, and said the referendum was held only

207 following "a six-to-one vote in the Commons to give the decision to the British people".

208 "The people are the ones Parliament represents - 17.4m of them, the biggest mandate in history, voted for us to

209 leave the European Union. We are going to deliver on that mandate in the best way possible for the British

210 national interest," he told the BBC.

211

212 Media captionDavid Davis: The British people are sovereign

213 Labour leader Jeremy Corbyn urged the government "to bring its negotiating terms to Parliament without delay",

214 adding that "there must be transparency and accountability to Parliament on the terms of Brexit".

215 But UKIP leader Nigel Farage said he feared a "betrayal" of the 51.9% of voters who backed leaving the EU in

216 June's referendum and voiced concern at the prospect of a "half Brexit".

217 BBC assistant political editor Norman Smith said the court ruling could mean potentially "months and months" of

218 parliamentary hurdles but said a majority of MPs would be likely to vote for Article 50 - despite having backed

219 the Remain campaign - as Brexit had been supported in the referendum.
220 Analysis - BBC political correspondent Eleanor Garnier

221 It is one of the most important constitutional court cases in generations. And the result creates a nightmare

222 scenario for the government.

223 Theresa May had said she wanted to start Brexit talks before the end of March next year but this ruling has

224 thrown the prime minister's timetable up in the air.

225 Campaigners who brought the case insist it was about "process not politics", but behind the doors of No 10 there

226 will now be serious head-scratching about what the government's next steps should be.

227 This decision has huge implications, not just on the timing of Brexit but on the terms of Brexit. That's because it's

228 given the initiative to those on the Remain side in the House of Commons who, it's now likely, will argue Article

229 50 can only be triggered when Parliament is ready and that could mean when they're happy with the terms of any

230 future deal.

231 Of course, it will be immensely difficult to satisfy and get agreement from all those MPs who voted to remain.

232 Could an early general election be on the cards after all?

233 Investment manager Gina Miller, who brought the case, said outside the High Court that the government should

234 make the "wise decision of not appealing".

235 She said: "The result today is about all of us. It's not about me or my team. It's about our United Kingdom and all

236 our futures."

237 Government lawyers had argued that prerogative powers were a legitimate way to give effect "to the will of the

238 people".

239 But the Lord Chief Justice, Lord Thomas of Cwmgiedd, declared: "The government does not have power under the

240 Crown's prerogative to give notice pursuant to Article 50 for the UK to withdraw from the European Union."

241 The three judges looking at the case found there was no constitutional convention of the royal prerogative -

242 powers used by ministers - being used in legislation relating to the EU.
243 They added that triggering Article 50 would fundamentally change UK people's rights - and that the government

244 cannot change or do away with rights under UK law unless Parliament gives it authority to do so.

245 Calling the case "a pure question of law", Lord Thomas said: "The court is not concerned with and does not

246 express any view about the merits of leaving the European Union: that is a political issue."

247

248 Media captionNigel Farage says he is worried Brexit will be watered down after the High Court ruling

249 Former attorney general Dominic Grieve told the BBC he believed there was time for the government to get

250 legislation through Parliament before the end of March, should they lose the appeal.

251 He added: "It will certainly allow the opportunity to debate the issues surrounding Brexit but it is worth bearing in

252 mind that it's a bit difficult to fetter the government as to what it should do after Article 50 is triggered because

253 actually, what the government can deliver ... is entirely dependent on the negotiating position of the 27 other

254 member states... So you can't really order the government to stay in the single market because that may not be

255 something that the government can deliver."

256 Reacting to the ruling, International Trade Secretary Liam Fox told the House of Commons the government was

257 "disappointed" but remained "determined to respect the result of the referendum".

258 What the ruling says

259 It is a fundamental principle of the UK constitution that Kings' or Queens' powers cannot be used by the

260 government via the Royal Prerogative to change or do away with rights under British law unless

261 Parliament gives it authority to do so. The court looked at examples ranging from the 1600s to the 1970s

262 Laker Airways legal battle

263 Parliament had a vote on the UK joining the European Union back in the 1970s, so there is no

264 convention of the Royal Prerogative being used in legislation relating to the European Union

265 Allowing MPs a vote on the final Brexit deal at the end of the negotiations would not amount to

266 parliamentary approval because once Article 50 is triggered there is no way that the UK will not leave the

267 EU, and in doing so existing laws will be changed

268 David Davis points out that MPs voted by six to one for the referendum to be held, but the judgement

269 says that the referendum bill, and background briefings, made clear that the referendum was advisory

270 rather than mandatory. So even though MPs voted for the referendum, the way it was worded did not

271 hand over the authority to trigger Article 50, in its view

272 But UKIP's Mr Farage said: "We are heading for a half Brexit."

273 He added: "I worry that a betrayal may be near at hand... I now fear that every attempt will be made to block or

274 delay the triggering of Article 50. If this is so, they have no idea of the level of public anger they will provoke."

275 Labour leader Mr Corbyn said: "This ruling underlines the need for the government to bring its negotiating terms

276 to Parliament without delay. Labour respects the decision of the British people to leave the European Union. But

277 there must be transparency and accountability to Parliament on the terms of Brexit."

278 But Liberal Democrat leader Tim Farron said: "Ultimately, the British people voted for a departure but not for a

279 destination, which is why what really matters is allowing them to vote again on the final deal, giving them the

280 chance to say no to an irresponsible hard Brexit that risks our economy and our jobs."

281 Addressing suggestions that Mrs May could call a general election before 2020 - when the next election is

282 scheduled to take place under the Fixed Term Parliaments Act - Scotland's First Minister Nicola Sturgeon said: "If

283 you're asking me do I think today's judgement makes a general election more likely than it was yesterday, I think

284 the answer to that is probably yes."

285 The UK voted by 52% to 48% to leave the European Union in a referendum on 23 June.

286 The EU's other 27 member states have said negotiations about the terms of the UK's exit - due to last two years -

287 cannot begin until Article 50 has been invoked.

 Appendix 3

name full name and position

Carswell UKIP MP (then) Douglas Carswell

Corbyn Labour leader Jeremy Corbyn

Davis Conservative minister David Davis

Duncan

Smith Conservative MP Iain Duncan Smith

Farage UKIP MEP Nigel Farage

Farron Liberal Democrat leader Tim Farron

Fox Conservative MP Liam Fox

Grieve Conservative MP Dominic Grieve

Hannah Conservative MEP Daniel Hannan

May Conservative Prime Minister Theresa May

Gina Miller, a business woman who brought the case to the High

Miller Court

Raab Conservative MP Dominic Raab

Redwood Conservative MP John Redwood

Sturgeon Scottish National Party leader Nichola Sturgeon