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You are here: Home The Brexit debate Important New Brexit Legal Challenge Launches

Important New Brexit Legal Challenge Launches

16 August 2018
by eub2 -- last modified 16 August 2018

Prime Minister Theresa May is facing a major new legal challenge over Brexit. Sue Wilson, Chair of Bremain in Spain, a group campaigning tirelessly for the rights of British citizens in Spain and the EU, is lead claimant of a group of British citizens living in EU27 countries which has issued a court challenge against Brexit.


 In summary, the claim argues that the illegal conduct of Leave organisations during the 2016 Referendum campaign should nullify the Prime Minister's decision to notify the EU of the UK's intention to withdraw.

Other claimants are: Elinore Grayson from France, Carole-Anne Richards from Italy and John Shaw, also from France, who represents Fair Deal Forum and intervened successfully in the earlier Gina Miller case. It is hoped that the case will be heard on an expedited basis and referred promptly to the Supreme Court.

The premise for the legal challenge is that the triggering of Article 50 was not in line with 'constitutional requirements'. Had it been a binding referendum, the result would be declared null and void. It cannot be right that a non-binding referendum on which politicians nevertheless decide to act is not subject to the same scrutiny. The court will be asked to declare that the Prime Minister's decision to notify the European Council of the UK's intention to leave the EU be set aside.

Sue Wilson says: "The Electoral Commission found 'beyond a reasonable doubt' that Vote Leave broke the law by exceeding spending limits during the Brexit referendum campaign. This matter has now been referred to the police for a criminal investigation. Our case will argue that the electoral offences nullify both the result of the referendum and, given that she relied upon that 'democratic decision' the Prime Minister's notification to leave the EU under Article 50."

Wilson continues: "The accumulated rights of British citizens living in the EU are at serious risk in the event of Brexit. While many rights have been 'agreed', as part of the Withdrawal Agreement, other rights haven't. These include our freedom of movement and ability to work in other EU countries. As we're constantly told that 'nothing is agreed until everything is agreed', it's no wonder that so many of us, as with EU citizens in the UK, live in a continuous state of fear and anxiety about our futures."

Wilson concludes: "Leave won the referendum by the narrowest of margins, based on fraud. In the last two years, it has become increasingly evident that the fantasy Brexit dream has turned into a nightmare. Despite the damage the government knows that Brexit will bring to the country, thanks to its own detailed assessments, it is ploughing on regardless as if nothing has changed. However, everything has changed. The Brexit the public was sold does not exist, we will never secure as deal as good as the existing one, and public opinion has shifted."

"If the Brexiters firmly believe the public knew what it was voting for in 2016, and that the result would be the same again, let's put this idea to the test. Give us a referendum on the final deal and we'll see if it really is the 'will of the people', going forwards."

"Whatever the result of this legal challenge, we hope to demonstrate that you can't win by cheating. If another referendum occurs, we mustn't see a repeat of the illegal activity of 2016. We haven't taken back control - instead, we have been put in the hands of those who care more about their careers and political party than their country. The UK deserves better, we deserve better, and we won't stop fighting until we succeed."

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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