UK in EU Challenge Claimants Request Oral Hearing Following High Court Decision

26 September 2018
by eub2 -- last modified 26 September 2018

The High Court has refused permission for the UK in EU Challenge case to proceed on first review of the legal papers, primarily on the basis that the claim is out of time. This current decision has been advised to lead claimant, Sue Wilson, chair of Bremain in Spain, and to the other claimants.

The claimants contest that the 'out of time' ruling is incorrect. The UK in EU Challenge legal team is requesting an oral hearing to highlight the claim's merits at High Court and discuss inaccuracies within the Government's response.

Sue Wilson says: "The case has not been rejected as 'totally without merit'. While the current decision is a setback, this legal challenge is far from over. As far as we are concerned, 'out of time' is incorrect. We also know that the Electoral Commission wrongly applied the law to the referendum. Considering all facts, it's impossible to argue that the referendum result accurately reflected the 'will of the people'."

"If we cannot count on the UK's democratic process, what hope exists for the future? We will be arguing this point strongly in court."

Rupert Croft of Crofts Solicitors said: "The High Court has so far only considered the merits of our clients' claim 'on paper'. We will have the opportunity to argue and debate the merits of the claim in an oral hearing, where we will argue that the claim is not out of time and should be allowed to proceed."

Wilson concludes: "While this additional hurdle may slow down the legal process, we are ready for all eventualities. Nothing related to Brexit has been straightforward or without a few surprises along the way. I'm sure we can expect many more twists and turns before this journey is over."

"We would like to thank everyone who has already donated to the crowdfunding campaign, which will grow in importance as we enter this next phase. There has already been a massive public response. Clearly, many people believe it's not only important to remain in the EU, but to protect the foundations of UK democracy and the rule of law. We hope that many more people will support us along the way."

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