Brexit Opponents Target Referendum Result in Latest Court Case

Brexit Opponents Target Referendum Result in Latest Court Case

Dec 9, 2018 | Articles, Campaigns & Events, News

A group making a last-ditch attempt to challenge the June 2016 Brexit vote asked a London court to review whether findings that “corrupt and illegal practices” took place during the campaign were enough to invalidate the referendum.

The lawsuit centers on an investigation into Vote Leave by the U.K.’s Electoral Commission. The agency said in July that the campaign breached legal spending limits, and said last month that it had referred payments made by Leave.EU and another pro-Brexit group to the National Crime Agency for investigation.

The Friday court hearing came as lawmakers were in the middle of a five-day debate on U.K. Prime Minister Theresa May’s plan to leave the EU. In addition, the EU’s top court in Luxembourg will rule on Monday whether the country can revoke the Brexit process.

May came under fire at the hearing for “simply soldiering on” with Brexit and ignoring findings that Vote Leave broke election law.

May decided to take the U.K. out of the EU on the grounds that leaving was the will of the people, said Jessica Simor, the lawyer for the group “U.K. in EU Challenge” that filed the lawsuit. Her refusal to act on the findings of the elections watchdog is unlawful, Simor told the court Friday.

Full story in Bloomberg

Brexit: Campaigners seek judicial review of 2016 vote

Brexit: Campaigners seek judicial review of 2016 vote

Dec 9, 2018 | Articles, Campaigns & Events, News

The UK in EU Challenge group says the result should be quashed because of “misconduct” by pro-Leave campaigners.

Mr Justice Ouseley’s decision is expected on either Monday or Tuesday.

An earlier attempt to challenge the result was rejected on the grounds that it had not been proven that any wrongdoing affected the vote’s outcome.

The case is being brought against the government by four British citizens living on the European continent, Susan Wilson, Elinore Gayson, Carole-Anne Richards and John Shaw.

They say the Article 50 process, by which the UK is leaving the EU, should be halted due to breaches of spending limits and other irregularities by leave-supporting groups during the referendum.

Lawyers for the group say the infractions, which resulted in Vote Leave and Leave.EU being fined £61,000 and £70,000 respectively by the Electoral Commission earlier this year, cast doubt on the legitimacy of the result under the terms of the 1983 Representation of The People Act.

‘Proven illegalities’

Speaking after the hearing, Susan Wilson said she was hopeful of success.

“We also maintain our firm belief that the referendum result cannot be considered the ‘will of the people’,” she said.

“The Leave campaign’s fraudulent behaviour has been proven by the Electoral Commission and we are continually frustrated that the government fails to acknowledge the impact of this illegality and continues to defend its position.”

Read full story on the BBC website

Jon Danzig’s World – EU referendum broke code of good practice

Jon Danzig’s World – EU referendum broke code of good practice

Nov 26, 2018 | Articles

In all democracies, it’s essential that elections – including referendums – are run fairly, and that the regulatory authority has the power to annul an election or referendum if serious irregularities may have affected the result.

That’s not just my opinion. Such a requirement forms part of the Venice Commission’s ‘Code of Good Practice on Referendums’.  Although the code is voluntary and not legally binding, the UK is one of the 61 member states of the Commission and helped to form the Code, which was adopted in 2006. The Commission advised me:
 
 
“The Code was and is strongly supported by the Committee of Ministers recommending to the member States to respect its provisions.”
The UK’s Foreign Secretary, Jeremy Hunt, currently sits on the Commission’s Committee of Ministers.
Clause II 3. 3 e) of the Venice Code states:
‘The appeal body must have authority to annul the referendum where irregularities may have affected the outcome. It must be possible to annul the entire referendum or merely the results for one polling station or constituency. In the event of annulment of the global result, a new referendum must be called.’
In the UK, our Electoral Commission is the independent regulatory body for elections and referendums, set up by Parliament to “regulate political finance in the UK” and to “promote public confidence in the democratic process and ensure its integrity.” 
 
I asked the Commission if they have the power to annul a referendum, in accordance with the recommendations of the Venice Code.
 
They replied:
“In short, no we do not have the power to annul an election or referendum.”
If the Electoral Commission had the power to annul a referendum in accordance with the Venice Code, then it’s unlikely that members of the public would now be calling on the High Court to declare the EU referendum “void” as a result of serious irregularities. 
 
The case of Susan Wilson & Others versus The Prime Minister, is scheduled to move to a full hearing on 7 December.
The case will argue that Brexit must be declared void and the notification of Article 50 quashed because, “various criminal offences may have been committed”. 
 
Read the full Jon Danzig’s article in his blog…
Brexit: High Court to rule if referendum vote ‘void’ as early as Christmas after Arron Banks investigation

Brexit: High Court to rule if referendum vote ‘void’ as early as Christmas after Arron Banks investigation

Nov 25, 2018 | Articles, News

The High Court will rule as early as Christmas whether Brexit should be declared “void”, in a legal case given a turbo-boost by the criminal investigation into Leave funder Arron Banks.

Judges are poised to fast track the potentially explosive challenge, after Theresa May’s refusal to act on the growing evidence of illegality in the 2016 referendum campaign, The Independent can reveal.

 

Lawyers describe that failure as “absolutely extraordinary” – given the National Crime Agency’s (NCA) probe into suspicions of “multiple” criminal offences committed by Mr Banks and the Leave.EU campaign.

Now The Independent understands the case is likely to move to a full hearing and a ruling within weeks of opening on 7 December, with the clock ticking on the UK’s departure from the EU next March.

Both its lawyers and a leading academic believe its chances of success have been given a big boost by the unfolding scandal and the government’s refusal to recognise the gravity of what is being exposed.

The government is expected to deploy Sir James Eadie QC – the star barrister who led the unsuccessful battle for the government to trigger Article 50 without parliament’s consent – in a sign of the case’s importance.

Read full article in The Guardian

 

‘Deal? What deal?’: Reaction from Brits in Spain

‘Deal? What deal?’: Reaction from Brits in Spain

Nov 15, 2018 | Articles, News

Sue Wilson, chair of Bremain in Spain, shared her thoughts with The Local.

“The reactions from Bremain in Spain members have ranged from serious concerns over our future citizens’ rights to ‘I’ll believe it when I see it’,” she said.

“It’s been difficult for many to know how to react to the news, as there’s so little information available. We’ve been told a deal has been done, that the UK and the EU have reached an agreement, but where is the evidence?”

 

“There has been no announcement from Theresa May or confirmation from Michel Barnier. Only a qualified comment from Ireland’s Deputy Premier, Simon Coveney, that negotiations were ongoing and have not yet concluded.”

“During Prime Minister’s Question Time today, May described the 500 page document as a “draft agreement”, while her deputy, David Liddington, described it only as a “provisional agreement between negotiators”. A statement to the House is not expected until tomorrow, after the Cabinet has met this afternoon.

Wilson adds: “It would seem the only sure thing is that the proposed agreement has not been well received, neither by Remain or Leave supporters.”

“May has been meeting Cabinet ministers one at a time in an effort to garner their support. Whether she has succeeded, we shall wait to find out.

Full article in The Local