The party chairman has raised £58,000 for the legal case and remains confident of success, despite Government lawyers dismissing this as “totally without merit” as they attempt to get it thrown out. His case focuses on Theresa May not having the legal power to delay Brexit past the proposed long-running deadline of March 29 as she continues to struggle to get majority support for her deal in Parliament. Mr Tilbrook has argued the Prime Minister had the power to begin Britain’s two-year withdrawal process from the European Union, but should not have amended it.
This, he claims, means the extension granted by Brussels is invalid and Britain in fact did leave the bloc on March 29 as originally planned.
Mr Tilbrook said: “I’m very confident. As much as you can be confident of anything in life, I think this is a pretty strong one.”
Commenting on the specifics of the case, he said: “It’s quite simple. If your notice expires, then you’re out.
“They served their notice under that Act of Parliament. If you look at the Act in question, it’s 137 words.
“It just says that she’s got power to serve notice to withdraw the UK from the EU. It doesn’t say she’s got any other powers.
“That’s the crux of the case: that she’s properly served the notice, and at the end of that period of notice of two years, you’re out.”
Mr Tilbrook also responded strongly to claims from Government lawyers Mrs May already had the prerogative powers to agree a Brexit delay, claiming an Act of Parliament actually supersedes these powers.
