COURT OF APPEAL REFUSES PERMISSION TO APPEAL FOLLOWING UK IN EU CHALLENGE HEARING
Judges overseeing the Court of Appeal hearing for the UK in EU Challenge today [Thursday 21st February] have denied permission to appeal.
Lord Justice Hickinbottom and Lord Justice Haddon-Cave concluded the day’s hearing by stating that a written judgement would follow in due course but that Mr Justice Ouseley had previously been correct in deciding that permission to proceed should be declined.
Sue Wilson, lead claimant for the UK in EU Challenge, said: “Obviously I am very disappointed at the result but I have always said that getting these issues into the public domain was very important. The Court agreed with us that this was a legally significant case and despite the result today we have shone a light on the need for a review of the electoral process in this country.
“We still believe another referendum is likely and hopefully as a result of our case this will be conducted in a fair, legal and honest manner under increased scrutiny.”
During the hearing, First Treasury Counsel Sir James Eadie QC argued that there was no scope for the court to intervene where Parliament had taken over control of the Article 50 process.
Acting on behalf of the claimants, Jessica Simor QC countered by saying that Parliament had not moved into this particular legal sphere.
Simor reiterated that it was wholly unreasonable for the Prime Minister to proceed with Article 50 on the basis that the referendum was lawful and, more importantly, the will of the people, knowing what is now known about proven illegalities.
Rupert Croft from Croft Solicitors which represents the UK in EU Challenge claimants, said: “It was important that this significant constitutional case was heard by the Court.
"Our clients are surprised that the Court appears to consider that the Prime Minister is not obliged to take account of the mounting evidence that casts doubt about the legitimacy of the referendum.”
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