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Latest Brexit challenge gets date in High Court’s diary

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BUT the case has already been rejected once

A crowdfunded judicial review case will be heard for the second time next month, adding to an ever-longer list of Brexit-related challenges in the national and EU courts.

The case of Susan Wilson & Ors v The Prime Minister, to be heard on 7 December, focuses on the official Vote Leave campaign and whether breaches of election rules relating to the campaign’s funding means the referendum is null and void. The case has already been refused by the High Court earlier this year but campaigners are having another go.

The claimants, led by one Sue Wilson, a Spain-based British retiree, argue that since the summer when the UK’s Electoral Commission found that Vote Leave had exceeded its spending limit, the PM should have acted on that information in relation to Brexit.

The Wilson case is the latest law-based attempt to stop Brexit from going ahead as the courts witness a plethora of judicial review applications not only on the referendum itself but also on the implications of Brexit.

Everyone remembers the Supreme Court’s Miller case from December 2016 when the top court found that a parliamentary vote was needed to trigger Article 50.

Many other applications are rumbling through the courts, including a cross-party group of Scottish MPs who have brought a petition on whether or not the UK referendum can be unilaterally revoked. Supported by the Good Law Project, this case has managed to secure itself a hearing at the European Court of Justice (CJEU) later this month, and has been tipped as “the case that could decide the fate of the nation” by Jolyon Maugham QC, founder of the Good Law Project.

Other cases have been not quite so successful. For instance, a case brought by one Elizabeth Webster argued that the UK parliament had not been properly consulted about leaving the EU. Lord Justice Gross declared the case “hopeless” and “totally without merit”. He added: “[it is] difficult to conceive of a challenge more detrimental to the conduct of a major issue of national and international importance, whatever political view is taken of the merits or demerits of Brexit”. Ouch.

As ever in these Brexit cases, sharp legal minds are keen to get involved. The claimants in the Wilson case have a counsel team of five (all working on a conditional fee arrangement) including two QCs, Patrick Green QC of Henderson Chambers, Jessica Simor QC of Matrix, and an Oxford Law professor, Pavlos Eleftheriadis. Full details of their arguments can be read on the Crowdjustice website.

Legal Twitterati member Adam Wagner from Doughty Street Chambers is also on the advice team. He told Legal Cheek that the Wilson claim is not only about Brexit but is highlighting the fact that election campaigns which break the rules are bad for democracy:

“This is not only a Brexit case, it is about the integrity of the democratic process,” he said

As Brexit continues to swamp the political agenda, it looks as if it is swamping the court lists too.

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10 Comments

Thank you for your attention

Comments criticizing Alex, his awful conference event or his fragile ego will be deleted without a trace. This has been a public safety announcement.

Anonymous

Most people will be disadvantaged by us leaving the EU, so lets hope this succeeds to some degree.

Anonymous

” a petition on whether or not the UK referendum can be unilaterally revoked”

Dear God.

Brian

I revoke it and so does my wife!

Is that enough?

anonymous of maidenhead

Thank god.. Someone has seen sense to add their voice to stop this brexit madness.
A recent poll has shown a second referendum would vote to stay in by 8 points, with many “brexiteers” saying staying in is the best option at this.point. From there we CAN negotiate what we want… From WITHIN: THE UK has kept its own money, and noone told the UK we had to drive on the other side of the road! AND as other EU countries, the UK has its own government and laws alongside all the EU laws that would be “pulled” into UK law if brexit were to happen!
Mrs May should listen to the voice of the people NOW… And not keep saying she is determined to enforce “the will of the people” from 2016 when both sides really had no proper idea of what brexit would be. I thought brexit would be like Switzerland or Norway… With single market access… Until friends told me it may be fullblown “take up the drawbridge” … So I voted remain and will do again to stop this madness. Better to make.new deals FROM WITHIN. I want myself and future generations to be able to pop over to Europe on a working holiday or work as self employed or get a job…
I want the government to enforce the EU treaty rights PROPERLY: come as a visitor for up to 90 days… Then LEAVE or register with HMRC and national insurance and pay your way (or prob you are a student or have your own means to stay legally) … And investigate people and find those doing “black” work and throw them out. This needs to be enforced properly THROUGHOUT Europe and would stop some of the people in various EU countries staying after 90 days…
There are other ways to.help individual countries take control and this can be achieved from within:
Just because David Cameron did.not.make a new deal from within does not mean it is impossible!
Come on Mrs May… Represent the real will of the people, including your own constituents who.voted to remain!
I hope this court case gets a fair hearing and wins! As a voice for the people to go forward to stopping brexit.

Anonymous

More salty moaning from people who can’t accept the fact that their side lost. Hopefully the court dismisses this nonsense quickly.

Anonymous

To the person who just spammed 17 downvotes on this comment to try and make it appear unpopular – get a life.

Also, we’re leaving the EU. Get over it!

anonymous of maidenhead

The majority was NOT of the voting public… Only of those who voted… Which was approx 2/3 of voting population as far as I understand!
DO THE MATH!
What is 52% of 2/3rds?

Approx just over 1/3 of voters…

That leaves all those too confused to.vote… And those who.didnt vote because they felt brexit would never happen. And all the young people who NOW would.have a vote in a 2nd referendum with the new knowledge of the madness of brexit: Some people don’t want a 2nd vote as they are afraid of the result…
And BTW a referendum is a POLL and was never meant to be etched in stone… It was to gage public feeling..
So… Gage public feeling again NOW and see how the country feels

Anonymous

VOTE LEAVE

TAKE CONTROL

WINNING

Anonymous

Excuse me but does it look like u guys are taking control? 😂😂😂 still living in 2016 campaign fairytale right?

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