By Tony O'Riley-
The English Defence leader, Robin Tilbrook, has launched a flawed High Court battle to effect Brexit, which he says has already legally occurred.
Tilbrook insists Britain left the bloc on March 29 as originally planned. According to the politician, Theresa May’s extension is null and void because she lacks the authority to make such a decision in the first place. The legal challenge is expected to be heard in a few weeks time. Mr.Tilbrook is flawed because Parliment essentially has the power to make and unmake laws.
Earlier decision made by parliament to leave the EU could always be changed anytime before the Uk actually leaves the EU, that is, when Article 50 is finally invoked. Mr Tilbrook tweeted:
“Our case has now fully served and issued and we are just waiting for the High Court to give us a hearing date in the near future.
Now we really need as much help as possible so that we can match the well-funded Remain groups and the tax funded government lawyers!”
The judicial review application argues Mrs May did not have the power to extend the Brexit date past March 29.
Mr Tilbrook said: “What we’re hoping to achieve with it is a declaration that we’re already out. If you’ve read it, you can see that the argument’s very strong.
“We’ve done it all, we started a month or so ago. We’ve served all the paperwork in advance and we’ve issued it today.
“But Parliament did agree for the Prime Minister to have more time and both the UK and EU have agreed our ‘deal’ remains, or at least for now. This is through temporary extensions.
“Someone was bound to try this – but I’m not expecting a Miller-like result.”
The Government’s proceeding on the basis that we’re still in. We’re saying that’s not the case. If there’s a declaration from the High Court that we’re out, the Government’s got a new reality to deal with.’
Mr Tillbrook says that, if a judge finds in his favour, he will save taxpayers Britain’s £39billion divorce bill and end the Brexit impasse.
former appeal judge Sir Richard Aikens wrote a piece suggesting that the government may have acted illegally when Mrs May delayed ‘exit day’ without prior parliamentary approval.
Sir Richard wrote: ‘The way the government has acted, by trying to force Parliament to agree to what it has done unilaterally without prior parliamentary approval, is, at the least, highly unsatisfactory. It must be arguable that the government has acted illegally.’
The delay to Brexit is far from happy or satisfactory, but from a legal perspective, Parliament reserves the right to delay Article 50, right until the point it is eventually invoked. EU chiefs have given the Uk until April 12 to invoke Article 50, unless a second referendum is invoked or Britain participates in the European elections in May. The British government is currently imposed to a second referendum, and as things stand, a no deal Brexit appears the likely scenario for Britain’s departure from the EU.