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ULTIMATE POWER

Historic Supreme Court case begins this week as wealthy Remainers try to use parliament to block Brexit

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BRITAIN’S future will be in the hands of 11 top judges this week as they umpire the Battle of Brexit.

They will decide whether the public’s decision to leave the EU will stand — or if MPs and peers will get the final say.

 The Supreme Court will hear arguments on whether Brexit should be triggered by MPs and peers or by Theresa May this week
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The Supreme Court will hear arguments on whether Brexit should be triggered by MPs and peers or by Theresa May this weekCredit: PA:Press Association

Government lawyers will go head-to-head with a crack legal team hired by a group of wealthy “Wrexiteers” out to stall the ­process.

The four-day hearing will be the most crucial case in the history of the Supreme Court and is a must-win for Theresa May.

If the judges insist Parliament should have a vote, it could derail the PM’s target of starting the two-year Brexit countdown by the end of March.

 Wealthy 'Wrexiteers' led by investment manager Gina Miller are trying to stall Brexit by insisting parliament must approve article 50
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Wealthy 'Wrexiteers' led by investment manager Gina Miller are trying to stall Brexit by insisting parliament must approve article 50Credit: Getty Images
 The case is a must-win for PM Theresa May as it could scupper her plans to trigger article 50 by March
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The case is a must-win for PM Theresa May as it could scupper her plans to trigger article 50 by MarchCredit: Reuters

The judges will be chaired by Britain’s most powerful judge, Lord David Neuberger of Abbotsbury.

He has resisted calls to stand down from the hearing after his wife posted anti-Brexit comments on Twitter.

Furious critics claim her remarks could pre-empt the issue her 68-year-old husband must decide.

 The case is one of the most crucial in the history of the Supreme Court
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The case is one of the most crucial in the history of the Supreme CourtCredit: Rex Features

Next week’s dramatic hearing comes after last month’s High Court ruling threw Mrs May’s Brexit timetable into chaos. It sparked fury that the decision of 17.4million Brits could be betrayed by a tiny group of Remainers.

Brexit Secretary David Davis is heading the appeal but his case will be put by Attorney General Jeremy Wright.

He will argue the authority of Parliament was ceded to voters when MPs voted 6-1 to hold a ­referendum, and that it is now the Government’s duty to honour that.

Mr Wright will take on top commercial lawyer Dominic Chambers, who will argue the case for the small group who funded the ­original action.

 Attorney General Jeremy Wright will put forward the Government's position
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Attorney General Jeremy Wright will put forward the Government's positionCredit: PA:Press Association

 

The outfit, backed by law firm Mishcon de Reya, includes Guyana-born investment fund manager Gina Miller, 51, and Brazil-born hairdresser Deir Dos Santos, 37.

Mr Chambers has argued that they are neutral on whether Britain leaves the EU, saying they are not trying to prevent Brexit, merely to uphold “the rule of law”.

He is regarded as one of the top legal brains in his field and is sure to put up a formidable case for Parliament having greater sovereignty than June 23’s referendum.

 As well as squaring up to the Government, 'Wrexiteer' Gina Miller has argued with Nigel Farage about the case
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As well as squaring up to the Government, 'Wrexiteer' Gina Miller has argued with Nigel Farage about the caseCredit: Reuters
 The Supreme Court is expected to deliver its verdict in the New Year
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The Supreme Court is expected to deliver its verdict in the New YearCredit: PA:Press Association

Remainers raised £170,000 online to launch the original High Court hearing, in which three judges ruled the PM could not trigger Brexit alone via the royal prerogative.

Investment manager Mrs ­Miller’s dad was Attorney General in Guyana.

She grew up in Britain and attended the £27,000-a-year Moira  House Girls School in Eastbourne.

The thrilling battle of Brexit

What's it about?

THE hearing is all about who decides when and how Britain leaves the EU – the Government, ­Parliament or the people.

The public voted for Brexit in the referendum but High Court judges ruled that MPs and lords should get a vote before the PM can trigger Article 50, which begins our exit.

The Government is challenging that ruling.

Who's involved?

THE original case was brought by an 11-strong group of Remainers led by financier Gina Miller.

Her supporters raised £170,000 online to launch the hearing in October.

Tomorrow’s appeal is a fight between lawyers for the Government, led by Attorney General Jeremy Wright, above, and the 11, who are represented by Dominic Chambers, QC.

What's next?

THE judges are expected to deliver their decision in the New Year.

If the appeal is allow- ed, the PM can start the Brexit process before the end of March as planned.

But if not, it will throw her timetable into chaos.

If MPs and peers start deliberately stalling the process, she may have no option but to call a snap General Election.

 

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