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Wednesday, 21 August 2019

Our 2nd Article 50 case

2nd Article 50 case

I set out below the letter which I have sent starting the legal process to bring our second Article 50 case.   

The aim of this case is to box in the UK Government into a No Deal Brexit.  

If the required undertakings are given then they will have legal force! 

If they are not given then we will know that Boris intends to stitch us all up in a version of Theresa May's terrible "Deal".

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

Dear Sirs

Matter: In the matter of a further Judicial Review on the legal basis of Brexit

Letter Before Claim

This letter is drafted under the judicial review protocol in section C of the White Book, which provides for a response within 14 days.

1.    Respondent: Our clients identify two defendants: the Prime Minister (or, if necessary, the First Lord of the Treasury), as the person with overall responsibility for Brexit policy and the Secretary of State for Exiting the European Union.

2.    Applicant: The English Democrats (Reg. No. 6132268) of Quires Green, Willingale, Ongar, Essex, CM5 0QP, for and on behalf of the 15,188,406 voters in England who voted to Leave the European Union in the June 23rd 2016 referendum.

3.    The details of the Applicant’s legal advisers, if any, dealing with this claim:-

Tilbrook’s Solicitors, of Quires Green, Willingale, Ongar, Essex, CM5 0QP
4.    The details of the matters being challenged:-

Any further purported non-statutory Extensions or Revocation of the United Kingdom’s notification to Leave the European Union given under Article 50 of the Lisbon Treaty.
5.    The details of any Interested Parties:-

Every person in England and in particular the 15,188,406 voters in England who voted to Leave the European Union in the 2016 referendum.
6.    The Issues:-

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 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. 

Accordingly any further purported Extensions or Revocation are also void and of no effect. 

7.    The details of the action that the Defendant is required to take:-

What is sought from the Respondents is:

(i)             An undertaking that there will be no further attempts to purport to vary the Notice given under the said EU Notification of Withdrawal Act 2017 except pursuant to an express Act of Parliament; and
(ii)           The formal admission that the Government admits that any such purported extension of the notice period or revocation would be legally invalid; and
(iii)         A formal admission that, in the absence of any further statute, that the UK’s departure from the European Union shall go ahead as currently notified on the 31st October 2019. 

8.    ADR proposals:-

9.    The details of any information sought:-

Not applicable.

10.The details of any documents that are considered relevant and necessary:-

          Not applicable.

11. The address for reply and service of all documents:-

Tilbrook’s Solicitors of Quires Green, Willingale, Ongar, Essex, CM5 

12.  Proposed reply date:-

14 days from the date hereof.

Yours faithfully



  1. Robin, what date does the 14-day response period expire? Thank you for your persistence.

    1. 14 days after deemed service which would probably
      Allowing two days to arrive by post Friday the 13th sept

  2. Would hope you achieve this as it is well justified and to the point Regards B.Peaurt

  3. I thought it was 17.4 million people not 15.188,406

    1. 15,188,406 in england. the rest across the rest of the uk.

    2. Robin is quoting the number of people in *England* who voted to leave - the 17.4 million figure is the number of people who voted Leave in the whole of the UK..

    3. That's how many in England voted leave wales Scotland and northern Ireland add up to the difference

  4. Should the United Kingdom remain a member of the European Union or leave the European Union?
    Location United Kingdom (including Gibraltar)
    Date 23 June 2016
    Votes %
    Leave 17,410,742 51.89%
    Remain 16,141,241 48.11%
    Valid votes 33,551,983 99.92%
    Invalid or blank votes 25,359 0.08%
    Total votes 33,577,342 100.00%
    Registered voters/turnout 46,500,001 72.21%

  5. It is 17. 4 Million plus.

  6. Thank you for your tenacity Robin. A true English Patriot.

  7. Could a case be taken to the International Court of Justice? Under the Universal Declaration of Human Rights people are entitled to have access to skilled judges. If the Blair government planted political activists into the judiciary, then the right to have skilled judges has been denied to the public. Then also the ECHR Article 6 says there is a right to a fair hearing and Article 9 indicates its an offence to have political judges. ECHR is not the European Union.