Wilson vs. May – a new legal challenge launched by Brits in the EU

An important new case was launched against the UK government this week. On Monday 13 August, a judicial review was issued to the British High Court as the first step of a legal challenge against the Prime Minister, Theresa May.

The legal team, Crofts, which previously represented the ‘Expat Interveners’ in the Gina Miller case, is hoping to repeat its earlier success in bringing a case against the government. It’s hopeful of a quick referral of this case to the courts, and of an eventual referral to the Supreme Court, as in the earlier case.

As the Chair of Bremain in Spain, a group campaigning for the rights of British citizens in Spain and the EU, I have been asked to be the public face of the case. I am supported by four other Bremain in Spain members as claimants. These are: Harry and Elinore Grayson from France; Chris AtkinsonPrice from Germany; CaroleAnne Richards from Italy and John Shaw, also from France, who represents Fair Deal Forum.

The premise of the case is that Theresa May’s decision to notify the EU of the UK’s intention to leave the EU was influenced by her belief that the referendum was fair, and the result was therefore valid.

It has become increasingly clear, however, that the Leave campaign seriously broke the rules. The findings of the Electoral Commission have proved beyond a reasonable doubt that Vote Leave broke the law by breaching spending limits – a matter that has now been referred to the police as a criminal investigation. This illegal activity gave the Leave campaign an unfair advantage in the EU referendum.

The public is losing its faith in the democratic process, and the government’s handling of Brexit is adding to the feelings of anxiety. Along the Brexit journey, our Bremain in Spain members have felt increasingly isolated, ignored and invisible, and the UK government has done little to allay these fears. The official line has been that we are 'number one priority' and should be grateful for the government’s efforts. On the one hand, we’re told not to worry, that all will be fine. Yet that argument is constantly countered with 'nothing is agreed until everything is agreed', which negates everything else we are told

he latest spin, which will surely be elaborated as the clock ticks away, is the daily threat of ‘no deal’. In that doomsday scenario, all the citizens’ rights supposedly secured in the Withdrawal Agreement will be thrown unceremoniously out of the window. I personally believe ‘nodeal’ is another cynical bargaining tool, and not a very good one at that. If the government believes that the empty threat will cause concern in Brussels, it may have miscalculated. Rather, the threat has caused anxiety and frustration amongst the British public and the business sector, while claiming to offer reassurance. Some even say it’s a deliberate ploy to paint the worst possible picture, to make a bad deal more appealing by comparison.

There are many possible routes that the Brexit process can take further down the road. The chances of parliament agreeing to any deal that May brings to the table are extremely slim. Whether it’s the softest of possible Brexits, hard Brexit, “red, white and blue Brexit” or ‘no-deal’ Brexit, there is no majority for any version in Westminster. If parliament votes against the deal, which seems likely, parliament will then decide what happens next – a new government, a general election or putting the choice back to the British public. The latter option is rapidly gaining traction from all sides of the debate. Remainers have supported the idea of a #FinalSay #PeoplesVote for many months, and Leavers are now joining the fight to review the deal before signing on the dotted line. For many people, the Brexit that the right-wing extremists are pursuing bears no relation to the Brexit they were originally sold, or the one they voted for. It doesn’t do what it said on the tin - or on the side of the infamous red bus

he result of the referendum on 23 June 2016 cannot be trusted. May should not be pursuing her course of action as though the result were valid, convincing or democratic. The courts could quash the decision to notify the European Union of the UK’s withdrawal from the EU. They could force the UK government to think again.

Whatever the outcome of this legal challenge, we hope toT demonstrate that you cannot win by cheating, and that those who try will be punished accordingly. If we are to have another referendum, we cannot allow a repeat of the lies, manipulation and illegal activity witnessed last time round. We have not taken back control – we have put it in the hands of those that care more about their careers and political party than their country. The UK deserves better, we deserve better, and we won’t stop fighting until we succeed.

For more information about the case or to make a donation to the crowd-funder, please visit: www.ukineuchallenge.com .