Monday 12 December 2016

Another Brexit legal tussle to be presented in Irish Court

Irish Lawyer on Brexit

Series of legal battles appears to be in the queue from different quarters against triggering of Article 50, which begins the official exit of the UK from the EU.

The latest is coming barely 48 hours after the UK Supreme concluded a four-day hearing in an appeal filed by the government, challenging the outcome of the decision of the High Court.

According to report, Jolyon Maugham QC, a British barrister who advised Ed Miliband on tax policy is the one spearheading the crusade for a second EU referendum, as he puts effort to raise £70,000 via crowdfunding.

His aim is to file a suit in the Irish High Court, with hope to ascertain whether an Article 50 notification sent to Brussels could in the future be reversed.

Maugham is taking on the Irish government, the European Council and the European Commission and he is hoping UK MEPs who want the UK to remain in the EU will spearhead his legal action.

He is canvassing for a second EU referendum claiming that most of the Leave voters are now in deep regret, and said Article 50 may already have been triggered. Arguing that if it has been triggered, then the EU Commission is in breach of its agreement for wrongly not beginning formal negotiations with the UK.

And if not, then the European Council  and the Irish government are in breach the accord binding them in wrongly sideling the UK from European Council gatherings.

"Put aside the legal niceties, what no one can dispute is that there are incredibly important questions to answer," said Mr Maugham.

"Should Parliament control the terms on which we Brexit? Could we have a referendum on the final deal - or is the consequence of triggering Article 50 that we will leave the EU whatever the terms?

"By triggering Article 50, does the UK also leave the European Economic Area, or is there a separate decision to make about whether we remain in the EEA and Single Market?

"Everyone - those who voted Leave and Remain; the people and Government of Ireland - deserves to know the answer to these questions.

"People must plan their lives. Businesses need certainty to invest. The people of Ireland are entitled to a government that can work for the best possible future for Ireland.

"It's right that we all have the maximum certainty that the law can give. And referring these questions to the Court of Justice of the European Union is the only way to deliver that certainty."

Mr Maugham says he is launching his bid following advice from the McGarr Solicitors in Dublin and senior barristers at the Irish Bar.


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