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Brick Court advises as Supreme Court allows Scotland and Wales to intervene in Brexit appeal

Brick Court Chambers is acting for both the Scottish and Welsh governments as the devolved administrations prepare to intervene in the Supreme Court battle over how Brexit can be triggered.

The Scottish Legal Directorate is instructing Martin Chamberlain QC, alongside Lord Advocate James Woolfe QC and Emily MacKenzie as junior counsel. Richard Gordon QC and Tom Pascoe, also of Brick Court, are instructed by the Government of Wales.

The Supreme Court confirmed today (18 November) that the Scottish Government’s application to intervene in the Brexit case had been granted along with the Welsh Government, the Independent Workers Union of Great Britain and the ‘Expat Interveners’ George Birnie and others.

Additionally the attorney-general for Northern Ireland has made a reference to the court regarding devolution issues relating to that jurisdiction.

The statement added: ‘Counsel for the Scottish Government and for the Independent Workers Union of Great Britain have been invited to address in their skeleton arguments the relevance of points of Scots Law, so far as they do not also form part of the law of England and Wales, to the determination of the present proceedings.’

The landmark case will start before all 11 Supreme Court judges on December 5 and is likely to last four days. The decision will not be delivered until early in 2017.

Earlier this month, a group of claimants landed their first blow in the article 50 case against the government, after the High Court ruled that it has no constitutional power to trigger Brexit.

Mishcon de Reya partner Kasra Nouroozi led the team advising the headline claimant on the challenge and instructed Blackstone Chambers’ duo Lord David Pannick QC and Tom Hickman, as well as Matrix Chambers’ Rhodri Thompson QC and Monckton Chambers’ Anneli Howard.

The case has been brought by investment banker Gina Miller, and others.

A second legal challenge was brought by high-profile barrister Jolyon Maugham QC of Devereux Chambers, who launched a publicly-funded campaign with human rights firm Bindmans to consider a public law case on the result of the referendum.

Maugham QC set up the campaign on, and raised its target of £10,000 in 12 hours from more than 400 backers. The money raised will be used to take advice from public and human rights partner John Halford of Bindmans, who will instruct a team of constitutional law barristers.

A third claimant is British hairdresser Deir Dos Santos, who is represented by Edwin Coe. Defending the government, namely the Secretary of State for Exiting the EU, David Davis, was 11KBW’s Jason Coppel QC.

Read more: ‘Q&A: Jolyon Maugham QC on the first victory for Brexit’s legal challenge’