I hoped you might be able to answer a question I have regarding the
Brexit Court case. I have been following the English Democrats / Robin
Tilbrook on your site and the Democrats own, but there now seems to be
many others talking about a case against the government (no mention of
Robin Tilbrook) and I just wondered if this is the same case and
generally if Robin Tilbrooks is the only and most important case.
Many thanks again for all your hard work with the blog.
Best Regards
Martin
From Robin Tilbrook
Dear Henry
18th April 2019
I wanted to wish you personally a very happy Easter!
I also thought that I would give you an update on the Judicial Review case that we are bringing in the High Court for a Declaration that the UK left the EU on the expiry of our two-year notice period at 11.00 p.m. on the 29th March 2019.
We have now had the Government Legal Department’s standard operating procedure “Grounds of Resistance”. As expected, these could be loosely translated in the language of the King James’ Bible as “Go forth and multiply!”
In fact I have instructed our highly capable barrister to draft a response and we shall be pressing the court for an early hearing date. We smell blood and we are closing in!
With your generous help we have already raised over £100,000 which would usually be enough for an ordinary case, but this is a key constitutional case and so the bills will be huge. If we compare it with the Gina Miller case, that cost a total of just over £1.2 million. So, we do need to keep that figure in mind.
Also, people are asking how long the case will take. In the Gina Miller case, I think that her case was issued in mid-August 2016. The Government put in their “Grounds of Resistance” in early September and the case was heard in the High Court in mid-October. The High Court Judgment was given in early November.
Our case will probably be dealt with on a similar timetable. In any case we shall pursue the High Court for it to be dealt with as quickly as possible! So, now the ball is rolling we must keep up the pressure if we are to successfully defend the Brexit we VOTED for, LEAVE MEANS LEAVE!
You can be part of this historic and patriotic battle by donating below and please remember to SHARE this to all your friends and family.
Thank you and Happy Easter!
Yours sincerely
Robin Tilbrook
Chairman – The English Democrats
Dear Martin
Thank you for your email and for your kind comments.
So far as I am aware there is no actual other case. Bill Cash made comments that some people misread as being that he was going to launch proceedings but he has not actually done so. Here is our press release:-
ENGLISH DEMOCRATS – CLAIM FOR A DECLARATION THAT THE UNITED KINGDOM LEFT THE EUROPEAN UNION ON 29TH MARCH 2019
PRESS RELEASE
On 2nd April the English Democrats, the English nationalist political party, issued a judicial review claiming the Prime Minister could not lawfully agree to an extension to the period before the UnitedKingdom could leave the European Union under Article 50 of the Treaty on European Union. The Court is asked to declare that, because she had no such power, the UK automatically left the EU on 29thMarch – the original ‘exit day’, two years after notification was made.
This challenge was to the extension offered by the EU on 27.3.2019 and accepted by the PM on 28th March not to the additional extension the PM claimed to agree to today (11th April).
Attached are submissions filed in support of the challenge. The Government is expected to reply by 17th March.
The English Democrats’ case is that the PM has no statutory power to agree to an extension. The change to ‘exit day’, in a statutory instrument under the European Union Withdrawal Act 2018, can only be made if the Article 50 period has already been extended under international law. If the PM had no power to extend, Parliament could not lawfully make the statutory instrument.
The English Democrats rely on the Supreme Court decision in Miller v Secretary of State, which found that the government cannot change how and whether EU law applies to the UK by the Royal Prerogative. The PM could only notify under Article 50 under the EU (Notification of Withdrawal) Act 2017. The inevitable result was that the UK would leave the EU after two years, when EU law would cease to apply to the UK. Any extension would change the law by making EU law apply beyond that date, which the Act did not give the PM the power to do.
In addition, the English Democrats’ case (also relying on Miller) is that an agreement to extend the Article 50 period would frustrate the purpose of the 2017 and 2018 Acts; particularly as there is no restriction on the length of any potential extension and the number of extensions that may be requested – as the latest extension has shown.
The ‘Cooper-Letwin’ Act giving Parliament power over extension requests has no effect, as no further extension could be given if the UK had already left the EU by the time it came into law.
The English Democrats rely on the Wightman decision of the European Court of Justice in support of our contention that, under EU law, the PM can only agree to an extension ‘on behalf of the UK’ if she has the constitutional authority to do so. Therefore, the UK left the EU on 29th March under EU as well as UK law.
Solicitor Robin Tilbrook, who is the Chairman of the English Democrats, said that:
“The good news for all those who voted Leave is that we could already be Out of the EU without being saddled with Theresa May’s appallingly bad deal! The challenge to Leave supporters is that this case is our best and maybe our only chance of actually getting out of the EU. This means that we must win it at all costs! I therefore appeal to all Leave supporters to put all differences aside and to unite in supporting this case”
Please contact Robin Tibrook with any queries:-
Robin Tilbrook
Chairman,
The English Democrats,
Quires Green, Willingale, Ongar, Essex, CM5 0QP
Tel: 01277 896000
Mobile : 07778 553395
Party Website: englishdemocrats.party
Party Twitter: @EnglishDemocrat
Supporting VotetoLeave.EU
Key facts about the English Democrats
The English Democrats launched in 2002 and are the only campaigning English nationalist Party. We campaign for a referendum for Independence for England; for St George’s Day to be England’s National holiday; for Jerusalem to be England’s National Anthem; to leave properly and fully the EU; for an end to mass immigration; for the Cross of St George to be flown on all public buildings in England; and we supported a YES vote for Scottish Independence.
The English Democrats are England’s answer to the Scottish National Party and to Plaid Cymru. The English Democrats’ greatest electoral successes to date include:- in the 2004 EU election we had 130,056 votes; winning the Directly Elected Executive Mayoralty of Doncaster Metropolitan Borough Council in 2009 and also the 2012 mayoralty referendum; in the 2009 EU election we gained 279,801 votes after a total EU campaign spend of less than £25,000; we won the 2012 referendum which gave Salford City an Elected Mayor; in 2012 we also saved all our deposits in the Police Commissioner elections and came second in South Yorkshire; and in the 2014 EU election we had 126,024 votes for a total campaign spend of about £40,000 (giving the English Democrats by far the most cost efficient electoral result of any serious Party in the UK!). In the 2015 General Election we had the 8th largest contingent of candidates in England. In the October 2016 Batley & Spen, Westminster parliamentary, By-election we came second and easily beat all three British national parties. In the 2017 Greater Manchester Mayoral election we came 5th beating UKIP and beat the Greens in all but 2 boroughs. In the 2018 South Yorkshire Mayoral election we had 14,547 votes and saved our deposit and with a minimal campaign budget achieving 12.8% of the First Preference votes in Doncaster
