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Tuesday, 9 July 2019

BREXIT CASE APPEALED TO THE COURT OF APPEAL


BREXIT CASE APPEALED TO THE COURT OF APPEAL


Here is the Order of Mr Justice Spencer:-







It certifies that our Application is “Totally Without Merit”.  This is, on the face of it, totally mystifying, as it is obvious that the case is clearly at least “arguable”!

The explanation however lies in the relevant Court Rule which was developed in 2016.  This was supposedly to stop unmeritorious immigration claims clogging up the system.

Here is the text of the Totally Without Merit Appeal Rule:-
“Judicial review appeals from the High Court
52.8

(2) Where permission to apply for judicial review ….. has been refused on the papers and recorded as being totally without merit in accordance with rule 23.12, an application for permission to appeal may be made to the Court of Appeal.
(4) An application under paragraph (2) must be made within 7 days of service of the order of the High Court refusing permission to apply for judicial review.
(5) On an application under paragraph (1) or (2), the Court of Appeal may, instead of giving permission to appeal, give permission to apply for judicial review.
(6) Where the Court of Appeal gives permission to apply for judicial review in accordance with paragraph (5), the case will proceed in the High Court unless the Court of Appeal orders otherwise.”

We have however appealed in time to the Court of Appeal and here is our “Ground of Appeal”:-

“The learned judge erred in law by finding that it was unarguable that there was not a Prerogative or a statutory power to agree to an extension of the period between notification and withdrawal of a Member State by Article 50 of the TEU.”

We now wait for a single “Lord Justice of Appeal” to rule on the case.  That will probably be another wait of several weeks!

19 comments:

  1. Keeping my fingers cross for you robin xx

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  2. Praying that the appointed judge will be an honourable, law abiding, constutional judge.
    Thank you Robin. Many are with you and praying for you.

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  3. Someone is going to end up with egg on their face over this. The judges involved are going to be under a spotlight, that's for sure.

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  4. Hopefully the appeal judge will see sense in it, just like they did in the Gina Miller case when she went to an appeal court.

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    1. Gina Miller won her case in the High court. It was the government that appealed to the Supreme Court and lost again.

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  5. with the growing awareness of the case surely they wouldn't have the brassneck to deny you again,,we're right behind you Robin

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  6. Why is only ONE Appeal Judge allowed to decide the Appeal of this case as it was similarly the case for the initial primary Application? Surely a Board of Judges should preside over such important decisions ..? Thank you sharing the details.

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    1. There should be at least 3 Judges on the board at the appeal court, and the majority carries.In the Supreme Court, there is,I believe,5 Judges sitting on the board.

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  7. What happens if this "Lord Justice" also errors in law on purpose? Are there further steps that can be taken? I am speculating the irony of having to take this case to the European Court of Justice!!

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    1. I believe political bias of the judge has got in the way of this. There is no way the Application for Judicial Review was "Totally Without Merit". The Application may fail after careful scrutiny but that does not mean that it little or no merit.

      My guess is the Application will probably have to be decided in the European Court of Human Rights in Strasbourg!


      francis

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  8. I'm keeping everything crossed for yours and our wishes to come true take care robin tilbrook

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  9. Hello keeping everything crossed for the result rightly deserved by all your hard work,keep it up we are all behind you robin

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  10. This demonstrates what a complete mess our Judiciary is in and mirrors the wholly wastefull goings-on we have at the heart of our so-called democracy. I wonder how quickly they will rule on the right of the new PM to prorogate parliament to deliver the will of the people - if that happens democracy itself will be finally dead at which point all its laws come into serious question!

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  11. Thanks for the up date dealy crooked lot aren't they, but I expected nothing less from the scum judge !

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  12. Perhaps the opinions of non-British judges should be sought, those that also use Common Law such as, Australia, NZ, Canada, USA etc.

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  13. I doubt that as, there is a concerted effort to nullify the democratic Brexit Vote, by those in higher positions. Them being Remainers.

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  14. I think this is the Reason why Nigel Farage was unwilling to support the case because he knows in his heart of hearts the EU have corrupted our Judiciary at the very top level for some time.

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  15. It does seem a rather peremptory dismissal of the case. It is not as if was drawn up by those unfamiliar with the law. I do hope the senior judge takes a wider interpretation of the law.

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  16. Hi robin miss you and graham on wacebook lol still sharing your post and keeping my fingers crossed you got my email if you need me xxxx

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