12th April 2018
A couple of days ago, I set out on here why I believed the “Article 50 challenge” had no merit.
To their credit, the campaign responded politely and constructively, and they have now issued a statement.
Read the statement carefully – as I do not want to misrepresent their position.
I do not think the statement has much force.
In particular, my “delay” point is not properly addressed, and my point about futility – that even if they “win” the problem can be quickly cured – is reluctantly accepted.
And in respect of the central issue, the statement does not deal with my contention that the “decision” was the entirety of the process (primary referendum legislation, vote, litigation to supreme court, further primary litigation, prime ministerial discretion) than any particular element.
But read for yourself their statement, and make your own mind up.
I must add it is a pity that the campaign is not publishing its legal claim so that we can see for ourselves the arguments they putting before the court. I cannot think of a good reason for this.
The government’s lawyers will know the strengths and weaknesses of the claim – the people who will not know are those who are being invited to support the campaign.
Below in the comments Mark Hardy provides a link to what appears to be the first instance decision for the application in this case. It is a fairly brutal refusal from an experienced public law judge. The next stage is an oral hearing to renew the application. I can see that going the same way.
The link is also to what seems to be the government’s case.
I cannot verify whether these are genuine but I have no reason to believe they are not.
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