5 Legal Cases That Could Change The Course Of Brexit
These CrowdJustice cases are using people power to increase the transparency, oversight and accountability of the Brexit process.
Article 50 Challenge
Liz Webster, a social cohesion campaigner who lives in Wales, is taking this case to challenge the underlying validity of the Brexit process. The case argues that the referendum did not provide constitutional authority to the Prime Minister to trigger Article 50.
What now? Last week, on 16th November, a letter of claim was submitted to the government setting out the remedy required as a declaration that there has been no valid decision to leave the EU. A response is required in 14 days.
Strengthening Our Negotiating Hand
A group of Scottish politicians are asking the European Court of Justice (ECJ) if the UK can unilaterally revoke article 50. The claimants argue Parliament and the British public should be given the opportunity to approve any Brexit deal. But to give that approval, the ECJ needs to rule on whether article 50 can be cancelled at all. The Guardian has said that confirmation that article 50 can indeed be revoked would “strengthen the efforts by campaigners to block Brexit after the deal is finalised.”
What now? The UK Cabinet Minister with responsibility for Brexit, David Davis MP, and the Advocate General for Scotland have been served a letter asking them to set out the governments position. They have 14 days to respond.
The People’s Challenge
Grahame Pigney, a British citizen living in France, raised hundreds of thousands of pounds through CrowdJustice to challenge the Government over its intention to use Royal Prerogative to trigger the Article 50 notification and in doing so undermine Parliaments Sovereignty.
What now? The Supreme Court agreed, and in late January ruled that Article 50 must be triggered by an Act of Parliament. This significant affirmation of the role of parliament in our democracy was hailed as one of the most important constitutional challenges of a generation and continues to loom large over the Brexit process.
Secret Brexit Studies
Jolyon Maugham QC of the Good Law Project, and MEP Molly Cato are taking this case to force the government to disclose the “secret” studies it has commissioned on the impact of Brexit on different industries.
What now? Shortly after the case was launched, a Commons motion called for the release of the studies. However, pressure on the legal side remains important in ensuring that the reports are fully disclosed and the government is running out of time to act on its own volition.
Did Vote Leave Break Spending Limits?
Another case by the Good Law Project, this litigation seeks to establish whether the Electoral Commission failed in its duty to uphold UK election law during the EU referendum. The case argues that the Vote Leave campaign overspent, thereby committing a criminal offence and were not held accountable by the Electoral Commission.
What now? In a hugely significant development, on 20th November, the Electoral Commission re-opened their investigation into Vote Leave’s spending in the referendum declaring there were “reasonable grounds to suspect an offence was committed.”
Image credit: Banksy
