The "Kill Brexit Now" Judicial Review has been launched
A short time ago I sent to the Government Legal Department a Letter Before Claim relating to what I think of as the "Kill Brexit Now" Judicial Review.
There are 19 Grounds of Judicial Review expressed in the Letter Before Claim.
I have given the Government Legal Department until 11th October to respond but I wouldn't be surprised if they ask for an extension in light of the range, complexity and novelty of the legal arguments deployed in the Letter Before Claim.
The Letter Before Action is in excess of 20,000 words and is the result of in excess of 2,000 hours of work since November last year.
I think of the Judicial Review as the "Kill Brexit Now" Judicial Review because its explicit aim is to KILL Brexit, not merely to stop it, delay it or dilute it.
The "Kill Brexit Now" Judicial Review aims to be a Comprehensive Judicial Review of Brexit.
It raises issues which, to the best of my knowledge, have never been considered before by a United Kingdom Court.
It also raises several issues of Law which require to be referred to the Court of Justice of the European Union for its opinion.
One of the lawyers in the Gina Miller case said that part of the case could be understood by a six year old child. So, it's not totally off the wall to think of the Miller case as "Peter and Jane go to Court".
The "Kill Brexit Now" Judicial Review more closely resembles a doctoral thesis, at least in the underlying thinking. Many assumptions underlying the Miller judgement are questioned and found wanting.
Of course, the danger with raising legal issues which have never been considered by any Court is that nobody truly knows what is the authoritative state of the Law, not least because nobody has asked the question(s) before.
So it's possible that on some of the 19 Grounds in the Letter Before Claim that I will be shown to be incorrect in my analysis.
But Good Luck! to the Government lawyers in demonstrating that all 19 Grounds are wrong.
They'll need luck and lots of it, in my opinion.
There are 19 Grounds of Judicial Review expressed in the Letter Before Claim.
I have given the Government Legal Department until 11th October to respond but I wouldn't be surprised if they ask for an extension in light of the range, complexity and novelty of the legal arguments deployed in the Letter Before Claim.
The Letter Before Action is in excess of 20,000 words and is the result of in excess of 2,000 hours of work since November last year.
I think of the Judicial Review as the "Kill Brexit Now" Judicial Review because its explicit aim is to KILL Brexit, not merely to stop it, delay it or dilute it.
The "Kill Brexit Now" Judicial Review aims to be a Comprehensive Judicial Review of Brexit.
It raises issues which, to the best of my knowledge, have never been considered before by a United Kingdom Court.
It also raises several issues of Law which require to be referred to the Court of Justice of the European Union for its opinion.
One of the lawyers in the Gina Miller case said that part of the case could be understood by a six year old child. So, it's not totally off the wall to think of the Miller case as "Peter and Jane go to Court".
The "Kill Brexit Now" Judicial Review more closely resembles a doctoral thesis, at least in the underlying thinking. Many assumptions underlying the Miller judgement are questioned and found wanting.
Of course, the danger with raising legal issues which have never been considered by any Court is that nobody truly knows what is the authoritative state of the Law, not least because nobody has asked the question(s) before.
So it's possible that on some of the 19 Grounds in the Letter Before Claim that I will be shown to be incorrect in my analysis.
But Good Luck! to the Government lawyers in demonstrating that all 19 Grounds are wrong.
They'll need luck and lots of it, in my opinion.
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