Judge Crushes Remainers’ Claims that Referendum Result is Invalid

In the froth of the last few weeks, the hapless antics of the tiny remaining cabal of diehard anti-Brexit lawyers have almost been overlooked, as yet another legal challenge to Brexit was crushed. Jessica Simor QC was judged wrong on more or less every argument she tried to make as she went down in flames Jolyon-style…

Simor tried to seek a judicial review of May’s triggering of Article 50, arguing that it was unlawful because it was “based upon the result of a referendum that was itself unlawful as a result of corrupt and illegal practices, notably offences of overspending committed by those involved in the campaign to leave the EU”. Simor’s initial case had already been rejected in December, she appealed against this on seven grounds. The judges hearing the appeal shredded every single one…

Simor’s first ground was that the referendum failed to comply with Common Law due to “corrupt and illegal practices” and therefore “could not properly be taken to express the democratic will of the people”. The judge said he was “unable to accept [Simor’s] submission as even arguable”…

The judge rejected any notion that any breaches of the rules affected the outcome of the referendum result, stating “there is simply no evidential basis for the proposition that the breaches, or any of them, are material in the sense that, had they not occurred, the result of the referendum would have been different.” The car crash attempt from the Oxford Internet Institute to try to “prove” that Vote Leave’s alleged overspending had already been dismissed by the original judge as “essentially speculative and based on propositions that were patently unsound.” The Carole crowd won’t enjoy hearing that…

To quote the Lord Justice Hickinbottom, “Ms Simor’s difficulties do not end there.” Simor submitted three other substantive grounds, trying to argue that May’s Article 50 notification was unlawful and that she was guilty of a “continuing failure to respond to the developing evidence of illegality in the EU referendum”, which were all also rejected by the judge as “unarguable”. Three further technical grounds were also dismissed. About as crushing a defeat as you can get…

The judge noted that “the Applicants clearly oppose the UK leaving the EU; and hold strong views to that effect”, before adding a warning that “Judicial review is not, and should not be regarded as, politics by another means.” Not that it’ll stop Jolyon & Co. taking gullible people’s money for his never-ending series of unsuccessful lawfare campaigns any time soon…


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