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Friday 22 March 2019

Latest twists in the Brexit Parliamentary fiasco and about the case to stop any extension to Article 50


Following the latest twists in the Brexit Parliamentary fiasco and my previous blog article about the case to stop any extension to Article 50 except by a full Act of Parliament, I have written again to the Government’s lawyers 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

We refer to the above matter and to our letter of 20th March.  We note that, since that letter was dictated, the Prime Minister has written a letter to the President of the European Council, Mr Donald Tusk, formally asking for an extension of the Article 50 Notice period.  This request for an extension has been made without the authorisation of an Act of Parliament. 

Ministers, including the Prime Minister, only have official power either on the basis of Statutory powers or on the basis of Royal Prerogative powers. 

A long line of legal authority, including the Gina Miller case, has repeatedly reaffirmed that the Prerogative powers only exist in the absence of Statutory powers.  The only relevant Statutory power was that set out in the EU Withdrawal Act 2017, which gave the Prime Minister power to serve a Notice to terminate the UK’s membership of the EU. 

It follows that on the face of it, the Prime Minister’s request for an extension is illegal. 

Also any agreement for an extension which might have been agreed by the European Council is also without any Statutory authority. 

We thought it only proper to raise these points in the light of on-going developments, especially in view of your not having fully responded to our initial Letter before Claim. 

Yours faithfully


Tilbrook’s


54 comments:

  1. Hi Robin keep up the great work you are doing kind regards john

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  2. Hi Robin keep up the great work you are doing kind regards john

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  3. I hope they respond this time Robin, they really are obnoxious

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  4. Well done Sir, you speak for 17.4 million very angry people and you do so in a calm and dignified manner. Thank you.

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  5. Hello Robin, Well done for this positive action. We have worked hard the last 24 hours to increase the visibility of this on social media. I hope this has translated to pounds of funding? I appreciate the time sensitive nature of what you’re doing. And to keep the trust high and Brexiteers behind you, please can you publish the details of amounts raised and in what way and when you use the funds. I feel this would be linch pin for success. Best wishes, Sarah Wood

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    1. Well said. I want to contribute too.

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  6. Hi John can this be read in Parliament by the speaker. Also keep it up... Thanks

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  7. Can this be readout by the speaker in Parliament... Good work

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  8. We definitely need someone to help,us on this matter. The people have already Voted LEAVE, and no one is listening. Our Government is Corrupt and that is putting it mildly. We don’t want to be ruled by the EU, we want Our Taxpayers money going into our much needed Services Thankyou

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  9. Great work, please keep going. Thank you.

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  10. Parliamentarians apparently interpret ‘the law’ as they see fit to suit themselves, so well done for the actions you are taking. And thankyou.

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  11. Hi Robin
    this is fantastic please keep up the great work. Me and 17.4 million people are right behind you. I also would like this to be read out in parliament by the speaker too. But doubt very much that it will be. it is high time that this farce was at an end once and for all. Thank you most sincerely for all that you are doing.

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  12. can I point out that the extension May and the EU agreed was subject to her deal being accepted or rejected. So if May decides not to proceed knowing she hasn't got the votes then the EU extension doesn't come into play and we leave on the 29th.

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  13. The EU should know better than listen to a broken PM. I doubt she knew what was in Oily's plan anymore than what's in the Lisbon fitup.
    The whole EEC/EU thing is illegal from inception anyway, but when has that bothered our Vichy parliament?

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  14. https://www.bbc.co.uk/news/uk-politics-47641357?fbclid=IwAR3UITqVhJRykuVt8KL71zZorl3v2dR9AETmbUyJ-Sm2EzDcm7O3oQWy-uM

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  15. Well done Sir....the 17.4 million people are hoping and praying that we leave on 29th March. As I see it I refer to the comment above by Bjorn Shigg...the extensions are only agreed if her WA is passed if not we leave on the 29th as set out in law!

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  16. Thank you for everything you are trying to do for the 17+ million and for our country! Small donation made!

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  17. Great work Robin. Martin Howe QC exposed this illegality by Mrs May in today’s Daily Telegraph. You should join forces and work together.

    https://www.telegraph.co.uk/politics/2019/03/24/theresa-may-has-abandoned-constitutional-precedent-committing/

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  18. Hi Robin, Thanks for all your doing on this, Ive been working tirelessly over the last 3.5 days getting this posted on FB and YT

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  19. The Government's Legal Department appear somewhat confused between a revocation and an extension of Article 50. Or are they being selectively obtuse?

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  20. Hi Robin .Thanks for all you are doing for us . you may be the 21 century robin hood if it works

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  21. Someone on Facebook has told me this statutory instrument will be passed on Wednesday

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  22. Hi Robin, there seems to be confusion, as many people are claiming that the extension to Article 50 will take place in the Commons on Wednesday as a statutory instrument that will be passed into law on the same day!!!

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  23. Hi Robin, there seems to be confusion, as many people are claiming that the extension to Article 50 will take place in the Commons on Wednesday as a statutory instrument that will be passed into law on the same day!!!

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  24. Robin, have looked at the primary legislation. Under EU (Withdrawal) Act 2018 Schedule 7 Part 2 Sub para 14 Power to amend the definition of “exit day” a statutory instrument containing regulations under section 20(4) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

    This SI draft has been proposed by the Government, and as long as it is passed by the Commons and Lords by 11pm on 29 March 2019, exit day can be duly amended.

    Will this not then negate your action for Judicial Review?

    I hope you have seen something which I have missed and that your action is amenable for Judicial Review.

    Best of Luck, Mark

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  25. Keep the great work up Robin. We have to fight fire with fire, they have completely ignored the vote in which the country has spoken. Seeing us as uneducated and incapable of a mind of our own. With you at the helm taking the fight to them on our behalf. Let's see how they like a respected and prominent figure spearhead a case against them. 17m are fully behind you good sir.

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  26. We are all behind you 100% Thanks again for your efforts to stop this travesty of Justice...Donation sent and Shared to Fellow brexiteers

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  27. Thank you for your outstanding fight against an EU compliant UK government.

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  28. EU Withdrawal Act is 2018 not 2017?
    Not sure if it matters?

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  29. 17.4 million people hope you succeed.

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  30. Thank you robin for all you are doing,It is a just cause we are all fighting for and we will win through.

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  31. Thank you for doing your part to keep our country free..

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  32. Thank you!! This is what we need: people who understand the constitution and parliamentary rules. We MUST stop these people acting illegally or we will all suffer.

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    1. Very true, we need people like Robin who know the legal side of this.
      The average resident does not know all the interacting clauses in the Treaty documents and so is rarely in a position the argue the legalities involved. That is supposed to be why we elect a government. Even though they asked us, we responded with we want to leave the EU and they said that they would we now find our MPs are untrustworthy and have their own agenda which is against all their statements and promises made to us the electorate.

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  33. Thank you Robin for taking this matter forward for the 17. 4 million leave voters. It is a sorry state we have come to when our government and parliament treat the sovereignty of our country and its people with contempt.

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  34. https://independencedaily.co.uk/unconstitutional-mr-martin-howe-qc-on-ms-mays-brexit-betrayal/


    http://tapnewswire.com/2019/03/judge-declares-brexit-delay-illegal/


    https://www.gov.uk/government/news/10000-troops-from-13-countries-arrive-in-the-uk-for-major-exercise

    https://www.bbc.co.uk/news/uk-47689415

    ..."She also confirmed that on Wednesday, the government will seek to change the UK's 29 March departure date through a piece of secondary legislation, which will make 11pm on 12 April the earliest Brexit date.

    But she warned MPs that even if they voted against the change, it would still happen because it was contained in a piece of international law. ..."

    Wasn't the old legal cocktail party icebreaker for autists: 'Is interntional law really *law*?' Surely not, at least till adopted by domestic (UK) legislation.


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  35. Can you tell us more about this? I'd like to find out some additional information.

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  36. Except the Withdrawal agreement specifically contemplated the possibility of an extension under an SI (read section 20 (4)

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  37. good work robin keep going my friend

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  38. I dont have Facebook how do I donate for your case against the traitors in parliament

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  39. Robin, Mike Rudkin here, originator of WTO Petition 229963.
    I want to wish you the very best for your case in the coming days.
    I shall be at Parliament later today for the Protest/March as the walkers arribe from Sunderland.
    Thank you so much for your efforts on behalf of the petition signatories, the 17.5 Million, and myself.

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  40. I also wonder what right Mrs May had to accept the terms of the offer.

    When she returns to ask for another extension will she unilaterally agree to any terms imposed such as the backstop, £38B, fishing rights, Gibraltar, then bounce parliament into accepting because otherwise the dates don't match and it will cause legal chaos.

    Good luck with your case.

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  41. So, if this is the fact, then why are we not out of the EU yet, all the so called legal experts have not yet as I can see made any difference and its about time the Queen stepped in to dissolve government, gave the people what they voted for and then have another General Election.

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  42. What is the current state of play on this please? Seems that donations to this action have been closed. Any reason?

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  43. Maybe you should have kept quiet about it until they were passed the point of no return.

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  44. The nets are closing in on the Leavers. The Remainer MPs are presenting a Bill to change the Withdrawal Act to prevent the UK leaving without a deal.

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  45. Start a Crowdfunding page Robin. 17,000,000 people will chip in.

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  46. Have just called the papers to tell them about your case and they dont know about it, lets hope your action succeeds and we get out of Europe thank you -

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  47. It was announced by Unity News on Wednesday 24 April 2019, that government have blocked Robin Tilbrook Article 50 case from being heard. Any update on this, please.

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