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Brexit Case Appealed in the Court of Appeals



Here is the Order of Mr Justice Spencer:-

It certifies that our Application is “Totally Without Merit”.  This is, on the face of it, totally mystifying, as it is obvious that the case is clearly at least “arguable”!

The explanation however lies in the relevant Court Rule which was developed in 2016.  This was supposedly to stop unmeritorious immigration claims clogging up the system.

Here is the text of the Totally Without Merit Appeal Rule:-

“Judicial review appeals from the High Court


(2) Where permission to apply for judicial review ….. has been refused on the papers and recorded as being totally without merit in accordance with rule 23.12, an application for permission to appeal may be made to the Court of Appeal.

(4) An application under paragraph (2) must be made within 7 days of service of the order of the High Court refusing permission to apply for judicial review.

(5) On an application under paragraph (1) or (2), the Court of Appeal may, instead of giving permission to appeal, give permission to apply for judicial review.

(6) Where the Court of Appeal gives permission to apply for judicial review in accordance with paragraph (5), the case will proceed in the High Court unless the Court of Appeal orders otherwise.”

We have however appealed in time to the Court of Appeal and here is our “Ground of Appeal”:-

“The learned judge erred in law by finding that it was unarguable that there was not a Prerogative or a statutory power to agree to an extension of the period between notification and withdrawal of a Member State by Article 50 of the TEU.”

We now wait for a single “Lord Justice of Appeal” to rule on the case.  That will probably be another wait of several weeks!

Yours Sincerely

Robin Tilbrook