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 14^th March. 

We would point out that our letter of the 28^th 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 29^th 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 29^th 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 29^th 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.