A FORMER appeal judge’s claim that a Brexit delay is “illegal” is now “up and running” in the High Court, as Theresa May battles to get her withdrawal agreement through Parliament.
The English Democrats claim Mrs May did not have the power to extend Brexit past March 29, the original deadline for the UK’s exit from the European Union. On Friday, group leader Robin Tilbrook (pictured) claimed the new exit date should have been passed by the House of Commons and the House of Lords before it was approved. Following the launch of a High Court battle claiming the UK has already left the EU and in the judicial review application, the former appeal judge took to social media to confirm his case was considered to be ‘strong’.
Another appeal judge, Sir Richard Aikens has said Mrs May’s Article 50 extension “highly unsatisfactory” and “arguably illegal”.
Speaking to the Daily Mail, Sir Aitkens said: “If the argument is correct, then it would mean that, under UK law, we left the EU last Friday at 11pm.
“The Treaties would no longer be binding and the UK would no longer be subject to EU law.
Last week, four Tory MPs also wrote to Mrs May to suggest her delay to Brexit was illegal.