#Brexit: Fresh legal challenge blocked by UK High Court

A fresh legal challenge to Brexit has been blocked by the High Court.

A group of campaigners who want Britain to stay in the EU single market argued that Parliament must approve the UK's exit from the European Economic Area.

But the judges refused to give the green light for the challenge, saying they would give their reasons later.

The Supreme Court ruled last month that Parliament must have its say before the government can trigger Article 50 and begin official talks on leaving the EU.

Parliament is in the process of considering legislation which would give Theresa May the authority to notify the EU of the UK's intention to leave by the end of March.

MPs overwhelmingly backed the bill on second reading on Wednesday (1 February).

The latest legal challenge was brought by supporters of a so-called "soft Brexit" - which would see the UK remain a member of the EU's internal market.

'Good news'

They include Peter Wilding, chairman of the pro-Europe pressure group British Influence, and lobbyist Adrian Yalland.

The government claimed the case, which was heard by Lord Justice Lloyd Jones and Mr Justice Lewis, was unarguable since the existing EEA agreement would automatically cease to exist once the UK left the EU.

Under the terms of the EEA, which first came into legal force in 1994, the EU's 28 members and three other signatories are bound to accept the free movement of people, services, goods and capital across their borders.

Peter Wilding, speaking exclusively to EU Reporter, said: "Today, and purely on procedural grounds, our application for a judicial review was dismissed, but with the door firmly left ajar for future proceedings should the government not resolve this issue.

"The government has spent this entire litigation denying the need to take positive steps with parliamentary approval to leave the Single Market. It finally conceded that this was something it may now need to do yesterday, on the eve of today’s key hearing. And because the government has still not made up its mind on the mechanism it will use to remove us from the Single Market, our claim was held to be premature. But it was not held to be wrong in law.

"The merits of our legal arguments were not considered – and so they remain valid, justiciable arguments which the courts may well have to consider at a future time.

"Were it not for us bringing this action the government would not ever have addressed this issue. We were right to bring this challenge, and unless the government gives business and the country the certainty it needs and deserves, it is highly likely we will be here again – only in circumstances where the merits of our case will be heard, as opposed to the outcome of today where the government was able to use procedure to prevent the substantive issues being considered.

"We are grateful that we live in a country where individuals can hold the government to account and we will continue to do that until such time as the legal certainty that individuals and businesses need is given. The government can resolve this issue and give that certainty today by confirming that Parliament will be the final arbiter of our relationship with the EEA, and that rights and freedoms which Parliament has given will only be removed after Parliament has fully considered the consequences of doing so­.

"It is intolerable that those who depend upon their EEA rights to trade with the EEA, or those who are married to EEA citizens, or are EEA citizens resident in the UK are being used as a negotiating pawn by a government which can choose to act unilaterally to clarify our legal position, but will not.

"The government should now accept the valid concerns that hundreds of thousands of individuals have, and provide some clarity. The government must stop playing poker with our rights and stop taking liberties with our freedoms."

But a government spokesman welcomed Friday's (3 February) decision.

"As the prime minister has said, we will not be a member of the Single Market and we will be seeking a broad new partnership with the EU including a bold and ambitious free trade agreement," a spokesman said.

Former UKIP leader Nigel Farage said the ruling was "good news".

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