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10 December, 2018

Case C-621/18 Wightman and others – Decision of the European Court of Justice

The European Court of Justice ruled that the United Kingdom may, if it chooses to, unilaterally revoke its notification of intention to withdraw from the European Union.

Judicial review was brought by a cross-party group of elected politicians from constituencies in Scotland. They wanted to know whether they had the option of voting for the UK staying in the EU, if they thought that that course offered better protection for their constituents than the UK leaving the EU on the basis of the Government’s withdrawal deal.

Court of Session referred the question of EU law which they had raised to the European Court of Justice for its guidance. The UK Supreme Court rejected an appeal. Matter now comes back to the court in Scotland for its final ruling.

They have been represented at every stage in this case by Ampersand’s Aidan O’Neill QC who was instructed as leading counsel by Elaine Motion, Balfour + Manson LLP. Assisted by David Welsh, Advocate and, before the European Court of Justice in Luxembourg, also by Maya Lester QC and Professor Piet Eeckhout.

The press release from the Court of Justice of the European Union can be found here and full decision here.

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