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Wednesday 20 March 2019

A follow up about the case to stop any extension to Article 50 except by Act


The follow up to my previous blog article about the case to stop any extension to Article 50 except by a full Act of Parliament is that I have had this letter from the Government’s lawyers:-

Dear Mr Tilbrook

Re:  Response to Letter Before Claim

1.    We write in response to your letter before claim dated 28 February 2019 in which you seem to argue that any extension to or revocation of the Article 50 Notice required an Act of Parliament.  This letter, sets out the Secretary of State for Exiting the European Union’s response to your proposed claim and has been written in accordance with the Pre-Action Protocol for Judicial Review.

The Proposed Claimant

2.    The proposed Claimant is Mr R Tilbrook:

Quires Green
Willingale
Ongar
Essex
CM5 0QP

The proposed Defendant

3.    The proper Defendant to this matter is the Secretary of State for Exiting the European Union:

c/o Government Legal Department
Team B6
One Kemble Street
London
WC2B 4TS

Reference details

4.    Our reference for the matter is Z1904738/JTZ/B6

5.    Jonathan Stowell has conduct of this matter on behalf of the Secretary of State for Exiting the European Union.  Any further correspondence or service of documents in relation to this matter should be addressed to him at the above address.

Response to the proposed claim

6.    As you will be aware the pre-action protocol for Judicial Review provides that the letter before claim should contain the date and details of the decision, act or omission being challenged.

7.    Your proposed claim fails to identify any decision made by the Secretary of State or indeed any other person or public authority.  The reason you are unable to identify the date or details of any decision to extend or revoke the United Kingdom’s notification to leave the European Union is because no such decision has been taken.  You have not, therefore identified a decision that is capable of being the subject of a judicial review.

8.    To be clear, the Government’s firm policy position is that the Article 50 Notice will not be revoked.  A clear majority of the electorate voted to leave the EU and both the will of the British people and the democratic process which delivered this result must be expected.  The British people gave a clear instruction to leave, and that instruction is being delivered on.

9.    For the above reasons your proposed claim is wholly misconceived and totally without merit.

Details of any other interested parties
10.You have failed to provide any details of the proposed interested parties.  As you will be aware should you decide to issue proceedings, you are required to serve the Claim Form on all persons you consider to be an interested party in the proceedings (see rule 54.7 of the Civil Procedure Rules 1998). 

11.We have not identified any other parties who may have an interest in the proposed claim.

Alternative dispute resolution

12.N/A

Action

13.We have explained above why your proposed claim is misconceived, accordingly the Secretary of State shall not be taking any of your requested actions.

Response to requests for information and documents

14.N/A

Address for further correspondence and service of court documents

15.If, after proper consideration of this letter, you decide to issue proceedings, please arrange for all documents to be served on Jonathan Stowell at the above address.

Yours sincerely

Jonathan Stowell
For the Treasury Solicitor


I have replied as follows:-

Mr Jonathan Stowell
c/o Government Legal Department

Dear Sir

Re:  Proposed Action
        English Democrats – v - the Secretary of State for Exiting the          
        European Union

Thank you for your letter of 14th March. 

We would point out that our letter of the 28th February was written not on the basis of any decision yet taken, but on the basis of comments made in the House of Commons which suggested that an illegal decision might be in prospect.

We note that you have not denied that only a full Act of Parliament would legally authorise any delay in leaving the EU beyond the 29th March 2019.

In the circumstances we are enclosing a Request for Further Information to request that you formally admit our case.

Yours faithfully


Tilbrook’s

Enc.


And enclosed a formal Request for Further Information as follows:-

IN THE HIGH COURT OF JUSTICE
ADMINISTRATIVE COURT

BETWEEN

THE QUEEN
ON THE APPLICATION OF THE ENGLISH DEMOCRATS
(REG. NO. 6132268)
Applicant

And

THE SECRETARY OF STATE FOR EXITING THE EUROPEAN UNION
Respondent


__________________________________________

REQUEST FOR FURTHER INFORMATION
___________________________________________


Of:-

“7. Your proposed claim fails to identify any decision made by the Secretary of State or indeed any other person or public authority.  The reason you are unable to identify the date or details of any decision to extend or revoke the United Kingdom’s notification to leave the European Union is because no such decision has been taken.  You have not, therefore identified a decision that is capable of being the subject of a judicial review.”

Request:-

Is it admitted that any purported extension of the UK’s Article 50 Notice beyond 29th March 2019 can only be authorised prospectively by a full Act of Parliament?

Of:-

“8. To be clear, the Government’s firm policy position is that the Article 50 Notice will not be revoked.  A clear majority of the electorate voted to leave the EU and both the will of the British people and the democratic process which delivered this result must be expected.  The British people gave a clear instruction to leave, and that instruction is being delivered on.”

Request:-

Is it admitted that any Revocation of the UK’s Article 50 Notice can only be authorised prospectively by a full Act of Parliament?

Tilbrook’s of Quires Green, Willingale, Ongar, Essex, CM5 0QP
Solicitors for the Applicant
IN THE HIGH COURT OF JUSTICE
ADMINISTRATIVE COURT

BETWEEN

THE QUEEN
ON THE APPLICATION OF THE ENGLISH DEMOCRATS
(REG. NO. 6132268)
Applicant

And

THE SECRETARY OF STATE FOR EXITING THE EUROPEAN UNION
Respondent


__________________________________________

REQUEST FOR FURTHER INFORMATION
___________________________________________




Tilbrook’s
Quires Green
Willingale
Ongar
Essex CM5 0QP
Tel: 01277 896000
Fax: 01277 896050
Ref/Brexit


The purpose in writing in this way is to set up an application to the High Court for Judicial Review in the event that an Act of Parliament is not passed authorising an extension of the Article 50 Notice period beyond 11.00 p.m. on the 29th March 2019.
So if the Government fails to get an Act through by then we shall need to be ready to immediately apply for the High Court to rule that the UK has left the EU with no Withdrawal Treaty or Agreement.  We do therefore need help with a fighting fund to make sure we can do this without delay, given its huge constitutional importance. 

32 comments:

  1. What fun, governmwnt lawyers on the run. Keep up the great work RT

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    Replies
    1. At last,well done and good luck we need it. Sheila Holt

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  2. We're behind you on this one and hope you are successful. We are members of UKIP so, although we have donated £20 towards your claim, etc., we don't intend it go towards English Democrats' funds. However, hopefully, we're 'singing from the same song sheet'. Regards, Lynn Sargent

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  3. I really hope this works, our Country is doomed if not.

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  4. Well if theydo not coplete there contracted agrteement on 29th Mach at 11pm the we sue them for breach of contract and require compensation until the contract has been completed Asthis is no different as too a company contract agreement and would require penalties applied for comtempt amd mssleading the voters

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  5. https://www.facebook.com/amorphamedia/videos/573064029838535/?t=12

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  6. I am praying you succeed,given what the EU has planned for our Country and the people it's imperative you do, otherwise all will be lost! We have to Leave, it's a nightmare I can't wake up from !

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  7. Where and how can I send funds.

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  8. The Constitution of this country over rides any fake treaty, that they are coming up with. I am nor very keen on their psychopathic ideology of a totalitarian regimes state. They are doing their best to sugar coat their true motives, and I for one am not buying it. Week done Rt.

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  9. Ask Arron Banks for the funding for the court case if he hasn't already offered it?

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  10. I have every faith in your case if Gina Miller can do it so can we..

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  11. WHAT IF SHE CALLS A GENRAL ELECTION AS A DISTRACTION

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  12. We must leave it's been so frustrating they do not respect the peoples vote I want to leave

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  13. We must leave it's been so frustrating they do not respect the peoples vote I want to leave

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  14. Please update as to what's happening. Have we now left 29 March as government did not get an act of parliament to extend article 50. Have we left by default and now no deal?

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  15. Thank you so much for taking this on Graham. We have to stop this betrayal from Government. But also. Why should they be allowed to fight this, using public money. These politicians should pay their legal defence. They are the criminals. Make them pay from their pockets Graham!

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  16. Magna Carter 1215. (Common Law of England) will Rule. From a Human Being Bron in ENGLAND. (I’m a SIKH GUY).

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  17. On the 29th of March when Teresa May had the audacity to hold yet another vote on the EU / her so called deal ! Then surely there was no deal with the EU ? So by rights we should have left on the above date as was agreed by EU and Our Government ! So we left by default. They should be made to hold to this agreement ! There blatantly swinglineg the British Brexit voters and crucifying Democracy !!!

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  18. I truly hope your right with this case, and it gets picked up by one of the major media outlets. I voted leave, there was nothing on the ballot paper that said "leave on the condition of a deal being agreed" T May just cannot bring herself to say outright that "after all the votes " our position is we now leave on the 12th and that's it, it would save the conservative party. I hope the court goes your/our way, then at the election we can vote out ALL the MP's that went against there continuances and the manifesto's they got elected on.

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  19. Any updates on court dates or government responses?
    Thanks and good luck!

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  20. Robin Tilbrook, self serving agenda, clearly it is in the interest of the country to leave with a workable deal, to try and force a no deal upon the country goes against all the economic advice given by people far cleverer and much better informed than Robin Tilbrook! So why on earth are people supporting this dangerous and damaging action, don't forget folks the Robin Tilbrooks' of this world will be ok whatever the outcome, it's the ordinary people who suffer not the elite who guide us to where they want to be. Be careful what you wish for, the greener grass is often not there and we have a responsibility to a future generation who thank god do not share the narrow minded isolated future that the ageing Tilbrooks' of this country would have us believe in, it's a different world now and we're just a small part of it, our standing is greatly enhanced by our European partnership and we have built an economic dependence upon it, let's be sensible then and look for a proper orderly exit and not one that threatens the future for our children Mr Tilbrook.

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    Replies
    1. Strange how for years millions in your so called European Utopia have been scrambling to reside on the island but hey lets not discuss the facts lets talk about a Federalisation of Europe driven by a Political dream all governed by Un-eleletced Eurocrats who want the Unification of member states armed forces signed into a European Army where national conscription is mandatory so that your children and children's children can go and fight with that big bad Bogey Man Russia. Op's better not do that Macron as that is where most of our energy comes from so yet again an Army assembled by a Dictatorship starts an assault against the Russian bear and many millions freeze in the process. Now where have I heard that before.

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  21. Robin Tilbrook, self serving agenda, clearly it is in the interest of the country to leave with a workable deal, to try and force a no deal upon the country goes against all the economic advice given by people far cleverer and much better informed than Robin Tilbrook! So why on earth are people supporting this dangerous and damaging action, don't forget folks the Robin Tilbrooks' of this world will be ok whatever the outcome, it's the ordinary people who suffer not the elite who guide us to where they want to be. Be careful what you wish for, the greener grass is often not there and we have a responsibility to a future generation who thank god do not share the narrow minded isolated future that the ageing Tilbrooks' of this country would have us believe in, it's a different world now and we're just a small part of it, our standing is greatly enhanced by our European partnership and we have built an economic dependence upon it, let's be sensible then and look for a proper orderly exit and not one that threatens the future for our children Mr Tilbrook.

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    Replies
    1. I voted to Leave ,I have children and I don't listen to the remain scare mongering as I didn't listen to the £355 million a week Crap either.

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    2. This is not about anybody's self-serving agenda, this is about the law. Whatever your views may be, no one is above the law and that includes the government. If the government have acted unlawfully, then they should quite rightly be held in contempt and any actions the government have subsequently taken as a result, be deemed null and void.

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  22. unfortunately a lot of people would be hard pushed to find a donation or a way to pay it but ,I would have thought there would be some very wealthy people on your side that would help and if as we all hope you are correct this would be covered by the government when you win ,cant you do it on a no win no fee basis ?best of Luck

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  23. A Bill is going through the Houses to give the PM permission to ask for an extension to Article 50. The missing piece of legislation is now being put in place. Will it be deemed retrospective?

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  24. Start a crowd funding page Robin. If millions of leavers give just a £1 ...…..

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    Replies
    1. Excellent case. You have my full support Robin Tilbrook Made donation recently. I make a point of mention of you case. As you say Media Blackout mean they are running scared.

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  25. https://www.lbc.co.uk/radio/presenters/shelagh-fogarty/shelagh-fogarty-instantly-proves-this-caller-wrong

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