A leading British lawyer who wants the Irish High Court to refer issues relating to Brexit to the Court of Justice of the European Union, has said a letter notifying the defendants of his intention to take the action has been issued.
Senior lawyer Jolyon Maugham QC has said he hopes to issue the proceedings on or before 27 January.
He says he intends to make available the names of several elected UK politicians who will act as plaintiffs in the case no later than that date. He also says he has unconditional written confirmations from several that they will act as plaintiffs.
The proceedings being instigated by Mr Maugham want the High Court to ask the Court of Justice if Article 50 can be revoked by the British government once it has been triggered, without consent from all other 27 EU member states.
Mr Maugham says that if Article 50 can be reversed in this way, then the UK could reject the outcome of negotiations on the issue and remain in the EU if the deal reached on Brexit was not acceptable to the UK parliament or voters.
British QC Jolyon Maugham wants the Irish High Court to ask the ECJ if Article 50 can be revoked by the British government once triggered. pic.twitter.com/yALFEXKrzS
— RTÉ News (@rtenews) January 13, 2017
If the Court of Justice does not make such a ruling he says Britain will be forced to take whatever deal the Brexit Secretary, David Davis, emerges with, or will be forced to leave the EU with no deal on issues such as access to the single market and the rights of British citizens living, travelling or wishing to retire in Europe.
Mr Maugham says the UK must retain sovereignty over the shape of its future relationship with the EU.
He wants the UK to be able to change its mind about triggering Article 50, without needing the consent of the other member states.
He says his aim is to establish clarity for British voters and deliver sovereignty to the British parliament over the question of its future relationship with its biggest trading partner.
The action is to be taken against Ireland and the Attorney General, Máire Whelan
Mr Maugham has said they intend to argue that the defendants are in breach of the EU treaties by excluding the UK from EU summit meetings.
They would also argue that Article 50 has already been triggered by the British government due to its numerous declarations in the aftermath of the referendum that the UK was intent on withdrawing from the EU.
Mr Maugham says they hope to have a date for a hearing of the application for a reference to the Court of Justice as soon as possible after March.
The costs of the litigation were crowd-funded by Mr Maugham largely from small donations. He says there were almost 1300 donations of £25 or less and more than 1700 donations of £50 or less.
The "letter before action" was sent today and is addressed to Ms Whelan.
It says the proposed proceedings are "public interest proceedings", seeking clarifications and declarations and a reference to the Court of Justice of the EU.
It says the proceedings are aimed at achieving legal certainty on a number of serious questions that Mr Maugham says affect all European citizens, the proper functioning of the EU institutions and the formal operation of the European Treaties.
The letter says the plaintiffs stand to make no personal gain from the proposed litigation.
It also says they look forward to hearing from the AG if it is possible to seek the clarifications consensually by bringing the issues to the High Court in as an expedient and cooperative manner as possible.
It goes on to say that this is subject to the High Court being satisfied that there are issues of EU law requiring interpretation and clarification that cannot be determined without a reference to the Court of Justice.
