Legal challenges against Brexit result are mounting

Published:  14 Jul at 6 PM
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Tagged: USA, UK, England
As the negative economic effects of Britain’s leaving the UK become more apparent, legal arguments against going ahead with Brexit are mushrooming.

The first legal challenge to reach the courts is being spearheaded by London law firm Maitland Chambers. The initial hearing will take place on 19th July, with senior barrister Dominic Chambers attempting to prove PM Theresa May has no authority to trigger Article 50, the first step in the UK’s withdrawal.

Chambers’s argument rests on rules concerning parliamentary sovereignty which state that Brexit cannot happen unless MPs vote to approve the move, even should they believe it is not in the UK’s best interest. The case is being brought on behalf of Londoner Deir dos Santos, and is, according to Chambers, not intended to block Brexit but simply to ensure the rule of law is followed.

A similar case is being brought by top London lawyers Mishcon de Reya, in order to force MPs to properly debate and vote on EU withdrawal before any action is taken as regards Article 50 and the start of the withdrawal process. Lawyers from the firm have been meeting with their counterparts in government following the announcement of the referendum result and state that without a parliamentary vote, Brexit is illegal.

Over 1,000 British lawyers have signed a letter to the PM and MPs stating that the result of the referendum is not, and cannot be, legally binding unless Parliament votes to make it so. The vote, the letter states, should take place only after due consideration of the harm to the country which will result as businesses and investors react to the actuality of Brexit.

Church Court Chambers barrister Anthony Eskander is considering helping certain clients mount a criminal case against the leaders of the Leave campaign. Legal action citing misconduct in public office would be based on assertions that Leave organisers including Boris Johnson misled voters by means of broken promises. However, the case might well drag on for years, and might not stop Brexit from taking place.

Still fighting for expat rights at the age of 94, World War II veteran Harry Shindler claims that, due to the disenfranchisement of expats living overseas for more than 15 years, hundreds of thousands of Brits were denied their right to vote. He believes the result of the referendum should be nullified, and is challenging the United Nations Commission of Human Rights.
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