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R (Miller) v Secretary of State for Exiting the European Union [1] is a United Kingdom constitutional law case decided by the United Kingdom Supreme Court on 24 January 2017, which ruled that the British Government (the executive) might not initiate withdrawal from the European Union by formal notification to the Council of the European Union ...
R (Miller) v Secretary of State for Exiting the European Union [2017] UKSC 5, [2018] AC 61 [22] (Dissenting): Lord Reed wrote the leading dissenting judgment in the Article 50 litigation, holding that the Government could initiate the UK's withdrawal from the European Union without reference to Parliament
The titles of these cases now follow the pattern of R (on the application of [X]) v [Y], notated as R ([X]) v [Y], for short. Thus, R (Miller) v Secretary of State for Exiting the European Union is R (on the application of Miller and other) v Secretary of State for Exiting the European Union, where "Miller" is Gina Miller, a citizen.
In the judicial review R (on the application of Andrew Michael March) v Secretary of State for Health which challenged the UK Department of Health's decision not to implement Recommendation 6(h) of the Archer Independent Inquiry, [9] there was reference to abrogation in the 2009 legal papers of both the defendant and the claimant which led up to the hearing the following year.
Immediately after the announcement of prorogation on 28 August, Cherry applied to the court for an interim interdict to prevent prorogation until the case could be heard; [45] on the same day, Gina Miller, who previously defeated the Government on the use of the royal prerogative in R (Miller) v Secretary of State for Exiting the European Union ...
It was cited in 2017 by a divisional court of the High Court in its landmark judicial review decision, R (Miller) v Secretary of State for Exiting the European Union, [7] concerning whether the UK government had the power, under the Crown's foreign affairs prerogative, to serve a notice triggering Brexit following the "leave" vote in the 2016 ...
A federal appeals court on Tuesday said a Citigroup vice president was not entitled to a share of a $400 million civil fine that the bank agreed to pay in October 2020 over its risk management ...
Gina Miller (who had previously defeated the government on the use of the royal prerogative in R (Miller) v Secretary of State for Exiting the European Union) in late August, following the government's announcement of the prorogation, made an urgent application for judicial review of the use of prerogative powers at the High Court of Justice ...