Over time there have been a number of legal challenges, attempts to neuter the UK’s Parliament, define whether the Article 50 notification is unilaterally revocable, and establish whether the Article 50 notification and subsequent delay are legitimate.
The House of Commons library has produced a document summarising the various legal challenges and whether they have succeeded or failed.
Very few challenges have succeeded, only two in fact.
The first is what is now dubbed the “Miller” case. A challenge which we not only helped to initiate but in which we played a key part in beating the government in the Divisional and Supreme Courts.
The second is the Wightman referral to the CJEU on whether the UK can unilaterally revoke the Article 50 notification. This was based on the Three Knight’s Opinion which we commissioned, and the CJEU ruled that the UK can unilaterally revoke the Article 50 notification in line with the Three Knight’s Opinion arguments.
Although the Three Knight’s Opinion, and the work of our legal team, do not get mentioned in the Commons Briefing Paper, The People’s Challenge is mentioned in the footnotes for its analysis in two other cases.
We have been pretty much on target when expressing a view on the likelihood of success of legal challenges. This is the result of the diligence of our team and their assessment of whether legal challenges meet the standards prescribed to be able to argue them in court and have a chance of winning.
As always, there is more work to be done.
As the Tory leadership contenders “duke it out” about who is more prepared to walk away from membership of the EU with “No-Deal” we have to take stock of the consequences of that and prepare the briefs so that we can engage the legal teams to challenge/fight the inevitable consequences for UK citizens.
Boris Johnson says that 31st October is a “do or die” moment and Jeremy Hunt is prepared to explain to people and to businesses which go bust as a result of Brexit why it is actually all worthwhile.
Once again we are asking you to join us in pushing our fund-raising further.
Whether it involves challenging the UK government again over its aspirations to ignore Parliament, challenging the EU on the way it has treated UK citizens, or challenging the discriminatory way UK citizens have been treated in general depends on collecting and analysing evidence and being able to fund the challenges.
Provided we can raise the funding and continue the campaign we will be asking for your help by telling us how Brexit will disadvantage you, your family, your friends… Why Jeremy Hunt’s declaration that your sacrifice is worth it is empty and insufficient.
Although nobody will want to pay for visas or health insurance for trips (business or pleasure) to the EU, for example, that’s only part of what we are talking about here.
Do you own a business in the EU, or a UK one that trades in the EU, do you own property in the EU and reside in the UK, do you have dependent family members elsewhere in the EU…? The list is endless. Have you made a professional, family or financial commitment on the basis of your EU citizenship and the UK’s EU membership?
We are continuing this work for ALL UK citizens, whether they live in EU27 member states, the UK or elsewhere in the world. The politicians and many campaign groups may be ignoring them or have given up on them but we have not and will not.
Please help provide us with the evidence that is needed, we will be sending out more details shortly of what sort of information we are looking for together with an email address to send it to.
In the meantime please donate to our Go Fund Me campaign if you can. This will help us put the “meat on the bones” of the work we have already done with our Legal Milestones and Millions in the Margins analyses.
Many people have contributed not once but multiple times and we know that there are practical limits on what people can do. Whether you can make a contribution (please click on the image above) or not please spread the word among your contacts and on the social media.
Our aim is to help people see what’s going on, understand what they are, or aren’t, being told, and decide what is best for our country: what is in the national interest, protecting fundamental citizenship rights and ensuring Parliament and not the executive is sovereign.
There is still a long way to go and there are no guarantees about what the outcome will be. The only thing that is certain is that if we stop trying we will lose.
To help protect our fundamental rights, and support Parliament in safeguarding them, please support us so we can maintain our campaign and make your voice heard.
Please share this article as widely as you can, thank you very much for your support.
Published by Grahame Pigney on behalf of The People’s Challenge Ltd.