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New anti-Brexit court case to be launched in Dublin

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Press Trust of India London
A new crowd-funded legal challenge calling for the option to reverse Brexit after Article 50 has been invoked for formal exit negotiations from the European Union is set to be heard in a court in Ireland later this month.

The campaign led by Jolyon Maugham, a London tax lawyer, has raised around 70,000 pounds with public donations of around 50 pounds each.

The case, "a letter before action" for which has been issued today, will seek a ruling from the European Court of Justice on whether Britain can unilaterally revoke Article 50 of the Lisbon Treaty without the consent of the other 27 EU member states if it were to change its mind on Brexit.
 

The legal proceedings will begin in Dublin's High Court on or before January 27.

"The UK must retain sovereignty over the shape of its future relationship with the EU. If we change our minds, we must be able to withdraw the notice without needing the consent of the other 27 member states," Maugham said.

"I want to establish clarity for British voters and deliver sovereignty to the British Parliament over the question of its future relationship with its biggest trading partner," he said.

His challenge will try to persuade Irish judges to refer the question of Article 50's revocability to the European Court of Justice (ECJ).

He said elected politicians may join him in the case as plaintiffs.

Meanwhile, the High Court in London will hear a claim brought by two sets of claimants arguing that the UK should remain in the European Economic Area after Brexit.

The challenge is also likely to be heard later this month.

A Supreme Court verdict on whether British Prime Minister Theresa May can invoke Article 50 without Parliament's consent is also expected later this month.

The British public had voted in favour of Brexit in a June 23 referendum.

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First Published: Jan 13 2017 | 9:42 PM IST

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