Legal challenge: We already left the EU.

[JoyofBrex8889]

Interested in Fools opinions regarding the Robin Tilbroke High legal challenge.

Further court submission information here: https://robintilbrook.blogspot.com/2019 ... o-get.html

Reportage here: https://www.dailymail.co.uk/news/articl ... ts-6879215

Following the Judgments of the High Court, of the Court of Appeal and of the Supreme Court in R (on the application of Miller and another) – v – Secretary of State for Exiting the European Union [2017] UKSC5 and the consequent enactment of the European Union (Notification of Withdrawal) Act 2017, there is no remaining discretionary prerogative power vested in Her Majesty’s Government to agree any extension to the Article 50 Notice, or to Revoke the said Notice without a further express Act of Parliament to authorise such Extension or Revocation.

It is a good question to ask: Did we already leave? The primary legislation is pretty clear. May got the power to trigger A50, two years passed. The only power May had was to trigger A50; statute trumps perogative. Did May act ultra vires? Are we out already?

[johnhemming]

I think this is doomed because the original argument was based upon the removal of rights from UK citizens without statutory authority. Staying in does not remove any rights.

[JoyofBrex8889]

I am not so sure: see the judgement “51. ... ministers cannot frustrate the purpose of a statute or a statutory provision, for example by emptying it of content or preventing its effectual operation.”

It seems that the informal extension to April 12 has no clear basis in statute and frustrated the purpose of the Act authorising notification of A50 withdrawal.

[Spet0789]

I am not so sure: see the judgement “51. ... ministers cannot frustrate the purpose of a statute or a statutory provision, for example by emptying it of content or preventing its effectual operation.”

It seems that the informal extension to April 12 has no clear basis in statute and frustrated the purpose of the Act authorising notification of A50 withdrawal.

People can run whatever argument they like, but given that the original act authorised the delivery of the Art 50 notice, and Art 50 specifically contemplates the possibility of an extension, good luck.