https://jolyonmaugham.files.wordpress.com/2016/09/defendant_s-detailed-grounds-of-resistance-for-publication.pdf Skip to page 20 to find out why the Government must now disclose its reasons for denying Parliament a vote on #brexit Art 50...
and the skeleton argument used (redacted) is here:
Julian Bray writes: Just in case anyone has been living on the moon over the last 100 days, Press Association has issued a handy #Brexit graphic. It might also be a useful talking point on Monday October 3rd, the second day of the Conservatives Party Conference in sunny Birmingham as a few delegates might be unexpectedly delayed for several hours.... or far longer.
I say a useful talking point, as many Conservative party hopefuls may well be stranded for the day on a deserted railway platform, as many of the Birmingham bound Conservative Party delegates, might not be aware that Virgin Trains are being hit with a 24 hour strike by RMT Union members on Virgins' East Coast service.
We are now hearing that, the day before the strike (Sunday) all VIRGIN train services north of Peterborough, have been cancelled.
The strike - the Union says its solid - starts at one minute past midnight on Monday. I understand internal flights out of most regional airports for Birmingham are already fully booked. And if that isn't enough Monday buses and coaches are being snapped up by Virgin for Rail Replacement Bus Services all along the East Coast.
The number two in the newly set up Mrs Mays new Ministry for #Brexit is none other than the Peterborough embattled globetrotting MP Stewart Jackson, currently having yet another public faceoff with his Conservative led Peterborough City Council, and this week, calling on the Council Leader to go, all over planning permission unexpectedly granted for a Travellers single site, slap bang in the middle of his careworn constituency. Our Stewart by all accounts is not a happy man, perhaps a sprig of lucky heather or whittled clothes pegs might help?
To say the language was turning #Conservative blue is an understatement. MP Jackson does not make it easier on himself in getting over the complex #brexit message, as he's blocked scores of influential people, that might possibly aid his quest; from all his twitter and social media feeds... Mr Jackson will also not be best pleased that Government must now disclose its reasons for denying Parliament a vote on #BREXIT Article 50. The superb legal team at Bindmans have forced this through, the judgment is here (skip to page 20, last few paragraphs...
28 September 2016
People’s Challenge group win right to publish secret Government Defence in Brexit caseA group of ‘concerned British Citizens’ involved in the challenge to the Government’s plans to use the Royal Prerogative to evoke Art 50 have won the right to publish its complete legal defence and an unredacted version of their submissions ahead of a Court hearing in October. The Government had strongly objected to the defence being published arguing that a case management order made in July meant all Court papers had to remain confidential. However, in an Order made last night in response to an urgent application by the group, Mr Justice Cranston ruled that:
... the parties are not prohibited from publishing the Defendant’s or their own Detailed Grounds... against the background of the principle of open justice, it is difficult to see a justification for restricting publication of documents which are generally available under the Rules.The People's Challenge group has been crowdfunding to raise money to actively participate in the Article 50 litigation begun in July by Dier Dos Santos and Gina Miller so it can ensure a range of British Citizens’ interests are at the forefront of the Court’s mind. Last week, the group’s legal team made detailed legal submissions to the Court arguing that Article 50 cannot be invoked using prerogative powers and that only an Act of Parliament, preceded by proper parliamentary scrutiny, will be constitutionally sufficient.
John Halford of Bindmans LLP represents the group. He commented today:
The Court’s Order allows a floodlight to be shone on the government’s secret reasons for believing it alone can bring about Brexit without any meaningful parliamentary scrutiny. Those who were unsettled by the Government’s insistence on its defence being kept secret, will now be surprised by the contents, including submissions that Brexit has nothing constitutionally to do with the Scottish and Northern Ireland devolved governments, that Parliament ‘clearly understood’ it was surrendering any role it might have in Brexit by passing the EU Referendum Act, that it has no control over making and withdrawal from treaties and that individuals can have fundamental rights conferred by Acts of Parliament stripped away if and when the executive withdraws from the treaties on which they are based. These arguments will be tested in Court next month, but now they can be debated by the public too.
Members of the People’s Challenge group also welcomed the ruling. Robert Pigney commented:
After much secrecy the government have been made to show their legal arguments by the High Court - a big a step for the public to get closer to the truth of the government’s position and intentions.Tahmid Chowdhury said:
In initially withholding disclosure of their arguments, the Government made a mockery of the transparency needed in a thriving democracy. They clearly now know they had no leg to stand on, and one can only hope the same thing happens in this case that should never have needed to come to court.Grahame Pigney said:
It is good to see that the court has injected common sense and natural justice into the case. Proof, if any is needed, that that ordinary people working together, well organised and supported are capable of challenging and winning anything.Chris Formaggia added:
It is hugely pleasing to learn that the court finds for the disclosure to the public of the arguments for and against the use of the archaic Royal Prerogative in a case that is of such enormous public interest.
Notes for editors:
- Bindmans LLP was founded in 1974 by pre-eminent human rights and civil liberties lawyer Sir Geoffrey Bindman QC (Hon). Since then we have built a formidable reputation for our commitment to human rights and our ethical, creative and campaigning approach to legal issues. We often represent some of the most vulnerable people in society and champion cases which challenge the law.
- A single sentence from paragraph 52 of the defence has been blanked out as it makes a factual assertion about one of the parties that is in dispute.
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