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Another Legal Challenge?

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Another Legal Challenge?

Postby Hairyloon » Mon May 01, 2017 9:51 pm

I think (without certainty) that we have discussed this here already and decided it without merit, but I'm not going to knock a chap for wanting a judge's opinion rather than ours:

Theresa May has been warned she could face a fresh court challenge over Brexit, after a retired Scottish doctor claimed the law requires there to be a second referendum on any withdrawal agreement.

Dr Andrew Watt, a former radiologist from Glasgow, sent a letter before action – usually the first step in taking disputes to court – to the Prime Minister, in which he argued Section 2 of the European Union Act 2011 requires a referendum before the UK can leave the EU.

He said the act, which was designed to trigger a referendum in the event of a new EU treaty that would transfer powers to the bloc from the UK, calls for the Government to have a referendum before it can ratify any treaty that amends or replaces the EU or the functioning of the bloc.


http://www.independent.co.uk/news/uk/po ... 09136.html
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Re: Another Legal Challenge?

Postby Scienke » Mon May 01, 2017 10:02 pm

One of the comments below that article says:

Some Oxford law professors think it has strong merits and can force the government to hold a second referendum on amending the laws and treaties related to any changes made by the UK.


Does anyone know if this is true and if so who are these Oxford law professors?

If there is another referendum I believe that it will result in a vote to remain.
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Re: Another Legal Challenge?

Postby dls » Tue May 02, 2017 2:42 pm

. . and another points out that the 2011 Act (or just that section as appropriate) can be repealed.

It is to be hoped that a clear election victory will put enough MPs in parliament who will follow TM to get such wrinkles sorted out.
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Re: Another Legal Challenge?

Postby dls » Tue May 30, 2017 6:22 pm

Challenge abandoned

https://www.theguardian.com/politics/20 ... -abandoned

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Re: Another Legal Challenge?

Postby Hairyloon » Tue May 30, 2017 11:26 pm

dls wrote:Gimme back my 70k

Probably should have read the small print.

The barrister said £4,000 had been spent in fees and more on legal costs for other lawyers. The remaining sum, he promised, would go “either to other Brexit-related litigation with sympathetic aims or, if there is no other such litigation, to a charity”.
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Re: Another Legal Challenge?

Postby dls » Sat Jun 03, 2017 5:17 am

The proposal suggests the possibility of a far murkier litigation than was promised. Either he spends it for the purpose promised, or he gives it back. It is f course very possible that the money was raised against a proposal which made provision for what would happen in this circumstance, but the apparent range of choices might suggest otherwise.
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Re: Another Legal Challenge?

Postby Hairyloon » Sat Jun 03, 2017 9:26 am

dls wrote:The proposal suggests the possibility of a far murkier litigation than was promised...

You're not confusing this with another legal challenge?
I think this is not the one listed in OP.
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Re: Another Legal Challenge?

Postby atticus » Sat Jun 03, 2017 9:34 am

This proposal, what you quoted
Hairyloon wrote:
The barrister said £4,000 had been spent in fees and more on legal costs for other lawyers. The remaining sum, he promised, would go “either to other Brexit-related litigation with sympathetic aims or, if there is no other such litigation, to a charity”.
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Re: Another Legal Challenge?

Postby Hairyloon » Sat Jun 03, 2017 9:47 am

Which gives no insight into what was promised, or any contingencies set out within that promise.
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Re: Another Legal Challenge?

Postby dls » Mon Jun 05, 2017 8:54 am

dls wrote:
The proposal suggests the possibility of a far murkier litigation than was promised...

You're not confusing this with another legal challenge?


You misunderstand. I do not. What I am saying is that unless specific provision was made in the appeal for what might happen to the funds if the proposal did not go ahead, they must give it back. If there is that obligation, and they do not fulfill it, then the murkier litigation will be chasing them for its return.

Being raised by legal professionals, I would normally hope and indeed assume that provision was made, but, again, the suggestion that they are casting around for an alternative tends to suggest that one may not have been provided for, and really just sounds half-arsed.
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