The eleven United Kingdom Supreme Court judges voted by a majority (8 to 3) today that only the UK Parliament can trigger the two-year period of negotiations that will form the basis of the UK’s exit from the European Union.

 

In effect, this could temporarily extend the UK’s ongoing membership of the EU – and the rules and regulations that go with it – until this parliamentary process is complete.

 

Only then can the timing be determined when the Article 50 EU exit mechanism can be finally triggered.

 

Needless to say, this has obvious implications for cross border duty paid shopping and the potential timing of any resurrection of duty free shopping allowances for UK citizens – post-EU membership.

 

The judgment which was all about who can legally invoke EU Article 50 – and not a challenge to the referendum exit decision itself – was delivered by Lord Neuberger, the President of the Supreme Court this morning.

 

LEGALLY BINDING

This now paves the way for Parliament to debate the exit. As reported, Prime Minister Theresa May had already indicated her preference to invoke Article 50 by the end of March to ‘formally’ notify the rest of the EU of the UK’s decision to leave.

 

The government will now have to wait until due process is completed in Parliament.

 

 

Today’s judgment will come as a blow to the UK Government, which until now has taken the position that it alone held the mandate to invoke the Article 50 procedure under ‘prerogative powers’.

 

However, the majority vote of eight judges decided otherwise. This judgment could also slow the timetable for talks between the UK and its future potential EU and non-EU ‘trading partners’ while a departure date is still up in the air.

 

The case challenging the government was originally submitted to the Supreme Court by two UK citizens, who comprised an investment manager named Gina Miller and a hairdresser, Deir Tozetti Dos Santos.