Court refuses permission for applicants to appeal that the Brexit referendum and notice to withdraw was unlawful


Re: R (Wilson) and Ors v The Prime Minister [2019] EWCA Civ 304

The applicants brought a claim for judicial review contending that the Respondent’s decision to notify and the notification itself were unlawful because they were based upon the result of a referendum that was itself unlawful because of corrupt and illegal practices, notably offences of overspending committed by those involved in the campaign to leave the EU. Alternatively, it is said that the Respondent erred in law in not responding to the subsequent evidence of those practices as it emerged.

The judge held that each of the substantive grounds of appeal fails on its merits, stating that that Parliament has The judge made clear that the consideration of the claim must be focused exclusively on the question of whether the Respondent has acted in accordance with the law and not concerned with the merits of leaving or remaining in the EU. Therefore, permission to appeal was refused on all grounds.


Jessica Simor QC was involved in this case.