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UK in EU Challenge asks Theresa May to reconsider her position on the referendum result

08 November 2018
by eub2 -- last modified 08 November 2018

Solicitors acting for the claimants in Wilson & Others vs. The Prime Minister, known as the UK in EU Challenge, led by Sue Wilson of Bremain in Spain, are urging Theresa May to reconsider her position in light of the Electoral Commission's decision to refer Arron Banks to the National Crime Agency.


The Prime Minister has so far refused to act on the Challenge's claims that illegal campaign spending during the Referendum campaign means the result cannot now be considered the 'will of the people' and, therefore, the Brexit process should be halted.

The National Crime Agency is expected to examine the source of Banks's £8m donation to the Leave.EU campaign, the largest in UK political history.

On Tuesday, an Information Commissioner's Office report confirmed that fines of up to £135k will be levied at the pro-Brexit Leave.EU campaign, as well as an insurance company owned by Banks, after both were proven to have breached data laws.

There are questions as to whether Mrs May blocked an investigation into the Leave.EU campaign donor during her time as Home Secretary. There are also questions re the failure of the Metropolitan Police to proceed with its investigation of Vote Leave's potential criminal activity, citing "political sensitivities" as the reason.

The letter to the Prime Minister highlights some of the legal arguments to be presented at the oral hearing for the UK in EU Challenge, scheduled for Friday 7 December at the Royal Courts of Justice.

The government is expected to make submissions at the hearing, although not required to do so. It will be represented by First Treasury Counsel, Sir James Eadie QC, who appeared for the government in the 2016/17 Gina Miller Article 50 case.

Sue Wilson comments: "Since the Electoral Commission found Vote Leave guilty of breaking electoral law, we have taken steps to question the impact of those actions and to shed light on the issues. Now, almost daily, we have further revelations of wrongdoing. We have continued to question the government, yet it fails to respond. We, and the country, deserve some answers."

She concludes: "We have heard all too frequently that Brexit is the 'will of the people'. Based on the evidence now available, it cannot be said with any degree of certainty that the result would stand had the law not been broken. May can no longer be sure what the 'will of the people' was in June 2016, or indeed, what it is today."

Bremain in Spain is a group campaigning for the UK to remain in the European Union and to protect the rights of British migrants living and working in Spain. Run by a team of volunteers and chaired by Sue Wilson - a resident of the Valencian Community - the group advocates a tolerant and outward-looking society. It believes this is best achieved by the UK remaining a member of the EU. Bremain in Spain is part of the British in Europe coalition of 10 UK citizens' groups across the EU. It is also affiliated to Britain for Europe and European Movement.

Bremain in Spain
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