Thread by @JolyonMaugham

So, here's the dirty on @BestForBritain's legal case. mirror.co.uk/news/politics/… THREAD

They have a very good team. @JMPSimor is a very classy public law Silk. And the public law team at @dpg_law is first rate. That people of this calibre are involved should give confidence this is a serious exercise. /1

The point in the case has been floating around for a while. It stems from this article by @PEleftheriadis. law.ox.ac.uk/business-law-b… /2

And it basically stems from a referendum lock that Eurosceptics (as we them called them) insisted on. Their idea was that we shouldn't give any more powers to "Brussels' (as they called the EU) without a referendum. /3

And they say, as I understand it, that the principle is engaged by the fact that taking back control will involve a "transitional" period (which the Government is badging temporary but I I expect to end up permanent) in which we have less control. /4

And they are asking the Government to confirm that the Referendum lock will be engaged - with the need for a Referendum - before we sign a treaty committing us to a transitional period. And if they don't get that confirmation they will sue. /5

So far so good. There are legal complexities - when are there not - but the case is plenty arguable.

There is, however, a political problem. The Government is planning to repeal the Referendum lock in the Repeal Bill. /6

The brilliant campaigner @Andrew_Adonis is leading the charge against that repeal. And if anyone can preserve the lock, he can. But if he fails, the claim will be based on a defunct Act - and will itself be defunct. /7

So, standing back, the best way to consider this case is this: a win satisfies the first of two preconditions to compelling a second referendum.

(It also meets my requirement for litigation - that it also works as a campaigning tool: waitingfortax.com/2017/11/17/the…). /8

And finally, if it sounds like something you'd like to fund, you can do so here confident that you're putting your money into the hands of good lawyers and good people committed to good governance. crowdjustice.com/case/brexitcha… /ENDS

(Apols for all the typos. But I'm on the claret. (And distracted by my gout)).

So was I.