Our 2nd Article 50 case
2nd Article 50 case
I set out below the letter which I have sent starting the legal process to bring our second Article 50 case.
The aim of this case is to box in the UK Government into a No Deal Brexit.
If the required undertakings are given then they will have legal force!
If they are not given then we will know that Boris intends to stitch us all up in a version of Theresa May's terrible "Deal".
Mr Jonathan Stowell
c/o Government Legal Department
One Kemble Street
London WC2B 4TS
Matter: In the matter of a further Judicial Review on the legal basis of Brexit
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.
- Respondent: Our clients identify two defendants: the Prime Minister (or, if necessary, the First Lord of the Treasury), as the person with overall responsibility for Brexit policy and the Secretary of State for Exiting the European Union.
- Applicant: The English Democrats (Reg. No. 6132268) of Quires Green, Willingale, Ongar, Essex, CM5 0QP, for and on behalf of the 15,188,406 voters in England who voted to Leave the European Union in the June 23rd 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 further purported non-statutory Extensions 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 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 further purported Extensions or Revocation are also void and of no effect.
- The details of the action that the Defendant is required to take:-
What is sought from the Respondents is:
(i) An undertaking that there will be no further attempts to purport to vary the Notice given under the said EU Notification of Withdrawal Act 2017 except pursuant to an express Act of Parliament; and
(ii) The formal admission that the Government admits that any such purported extension of the notice period or revocation would be legally invalid; and
(iii) A formal admission that, in the absence of any further statute, that the UK’s departure from the European Union shall go ahead as currently notified on the 31st October 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.