Lawyer starts case to block extension to article 50 notice
ENGLISH DEMOCRATS CHAIRMAN STARTS CASE TO BLOCK EXTENSION TO ARTICLE 50 NOTICE.
Robin Tilbrook, the Chairman of the English Democrats and a Solicitor, has started a case to block the UK Government from extending the Article 50 Notice or revoking it without having to get an Act of Parliament.
The Civil Procedure Rules protocol letter which Robin has sent to the Government is set out below. The Government had 21 days to respond, which means that the Court will be likely to rule that any attempt to extend was illegal and invalid after the 29th March and therefore when the UK will have already constitutionally left the EU. The letter is attached.
Robin Tilbrook said:- “I am seeking funding to raise the necessary money to bring this case, which is of vital importance to all those of us who want to see a proper full Brexit implemented, to give full effect to the Will of the English People, expressed in a nearly two million vote majority in the 2016 referendum.”
“The constitutional law set out in the Gina Millar case is, in my legal opinion, clear and unchallengeable that any attempt to extend the Article 50 Notice or to revoke it without a specific Act of Parliament will be invalid and unlawful. That would mean that if there has been a purported attempt to extend the Notice by agreement without an Act of Parliament that that would be invalid and therefore we would be out of the EU regardless of what the Government said we were.”
Robin continued:- “For once this is an opportunity to make history through the courts which I hope will attract enough support to make bringing the case financially viable.”
The English Democrats
The Treasury Solicitor
Government Legal Department
One Kemble Street
London WC2B 4TS
Matter: In the matter of a Judicial Review
Letter Before Claim
This letter is drafted under the judicial review protocol in section C of the White Book, which provides for a response within 14 days. Given the urgency of the matter, we would appreciate a response within 7 to 14 days.
- Respondent: Our clients provisionally identify three possible defendants: the Prime Minister (or, if necessary, the First Lord of the Treasury), as the person with overall responsibility for Brexit policy; the Minister for the Cabinet Office and Chancellor of the Duchy of Lancaster; and the Secretary of State for Exiting the European Union.
- Applicant: Mr R C W Tilbrook for the English Democrats of Quires Green, Willingale, Ongar, Essex, CM5 0QP, and for and on behalf of the 15,188,406 voters in England who voted to Leave the European Union in the 2016 referendum.
The details of the Applicant’s legal advisers, if any, dealing with this claim:-
Tilbrook’s Solicitors, of Quires Green, Willingale, Ongar, Essex, CM5 0QP
- The details of the matters being challenged:-
Any purported non-statutory Extension or Revocation of the United Kingdom’s notification to Leave the European Union given under Article 50 of the Lisbon Treaty.
- The details of any Interested Parties:-
Every person in England and in particular the 15,188,406 voters in England who voted to Leave the European Union in the 2016 referendum.
- The Issues:-
Following the Judgments of the High Court, of the Court of Appeal and of the Supreme Court in R (on the application of Miller and another) – v – Secretary of State for Exiting the European Union  UKSC5 and the consequent enactment of the European Union (Notification of Withdrawal) Act 2017, there is no remaining discretionary prerogative power vested in Her Majesty’s Government to agree any extension to the Article 50 Notice, or to Revoke the said Notice without a further express Act of Parliament to authorise such Extension or Revocation.
Accordingly any purported Extension or Revocation is void and of no effect.
- The details of the action that the Defendant is required to take:-
What is sought from the Respondents is:
- An undertaking that there will be no attempt to purport to vary the Notice given under the said EU Withdrawal Act except pursuant to an express Act of Parliament; and
- A formal admission that the Government admits that any such purported extension of the notice period or revocation would be legally invalid; and
- A formal admission that, in the absence of any further statute, the UK’s departure from the European Union shall go ahead as notified; vis: on the 29th March 2019.
- ADR proposals:-
- The details of any information sought:-
10.The details of any documents that are considered relevant and necessary:-
- The address for reply and service of all documents:-
Tilbrook’s Solicitors of Quires Green, Willingale, Ongar, Essex, CM5
- Proposed reply date:-
14 days from the date hereof.