Two more Brexit cases to be launched in London and Dublin

Two new legal challenges aimed at preventing a “hard” Brexit are to be launched this January, with the ‎Irish courts set to hear an appeal on whether Brexit can be reversed and a claim being brought in London ‎arguing that the UK should stay in the European Economic Area (“EEA”). ‎

In Ireland, the claim, headed by Jolyon Maugham QC, a London tax specialist, will be made referring to ‎an appeal made to the EU’s highest tribunal on whether the process of Brexit is reversible. The claim has ‎raised nearly £70,000 through crowdfunding, comprising largely of £50 or less donations. Maugham will ‎argue that Article 50 (which once triggered starts the formal process by which the UK will leave the EU) ‎can be reversed if a country changes its mind and decides not to leave the bloc. ‎

In London, the High Court is set to hear a claim brought by two sets of claimants, who will argue that the ‎UK must stay in the EEA. The claimants will argue that parliamentary approval should be required in order ‎to quit the EEA, and will point to Article 127 of the EEA agreement which provides that the UK must give ‎at least 12 months’ notice before leaving. The claimants assert that this therefore implies that a separate ‎departure process must be followed to that contained in Article 50 of the EU treaty, and so parliamentary ‎approval must be required for both decisions. ‎

Meanwhile, in a matter of days the Supreme Court will announce its decision on the appeal brought by ‎the government that parliament must vote on triggering Article 50.‎