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Judgment hand-down arrangements: Article 50 “Brexit case” Santos and M v Secretary Of State For Exiting The European Union

|High Court|Media Release

The Lord Chief Justice (Lord Thomas of Cwmgiedd) , Master of the Rolls (Sir Terence Etherton) and Lord Justice Sales will hand down judgment in the case of Santos and Miller v Secretary of State for Exiting the European Union tomorrow Thursday 3 November  in Court 4 of the Royal Courts of Justice at 10am. The case was heard by in the High Court over three days in October, Proceedings tomorrow are expected to last up to 30 minutes. The Lord Chief Justice, will read a summary then hand down the written judgment.

Both will be published on this website as soon as the judgment has been handed down.

The following is a note on the process in the event of an appeal by any of the parties.

Leapfrog Appeals

Appeals may exceptionally ‘leapfrog’ the Court of Appeal and go directly from the High Court to the Supreme Court.

For this to happen a certificate must first be obtained from the judges hearing the High Court case. Any application for a certificate is made to the Judges in the High Court immediately after judgment is given in the proceedings (or on an application within 14 days).

An application for permission to appeal would then need to be made to the Supreme Court for the case to be heard there. The legislation for this leapfrog procedure is contained in sections 12 to 16 of the Administration of Justice Act 1969, as amended.

Section 12 applies to this case as follows:

Where on application by any of the parties to the proceedings, the Judges of the Divisional Court are satisfied that the relevant conditions are fulfilled, and that a sufficient case for an appeal to the Supreme Court has been made out to justify an application for permission to bring the appeal, the Judges may grant a certificate to that effect.

The relevant conditions are set out in section 12(3) and (3A) of the Administration of Justice Act 1969, as amended. In summary, the relevant conditions, in relation to the Divisional Court decision, must be that a point of law of general public importance is involved in that decision, or as in section (3A) that the decision relates to a matter of national importance.

There is no right to appeal against the grant or refusal of a certificate under this section.

Section 13 applies to this case as follows:

Where the Divisional Court grants a certificate under section 12, within one month from which the certificate is granted (or a longer period if the time is extended), the Supreme Court may allow any of the parties to the proceedings to make an application to the Supreme Court under this section.

If on such application, it appears to the Supreme Court to be expedient to do so, the Supreme Court may grant permission for an appeal to be brought directly to the Supreme Court.

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