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Theresa May is facing a fresh challenge to Brexit.

Written by Samuel O'Toole on 13 December 2016

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Yesterday campaigners launched a fresh round of legal action concerning Brexit. The campaigners have said that they will write to the Government to say that they will launch a High Court action aiming to keep Britain in the single market.

The campaigners will seek a judicial review aiming to give members of parliament a power of veto on the terms that Britain leaves the European Union.   The argument is based on the Government not having a mandate to withdraw from the single market as it was not on the ballot paper for the referendum. It has been reported that that argument will include the issue as to the mandate not being a part of the Conservative Party manifesto.

The two claimants are;  Peter Wilding, a remain voter who is the chairman of the pressure group British Influence, and Adrian Yalland, a leave voter who is a Conservative lobbyist.

Mr Wilding explained that “This is not stopping Brexit, this is shaping it. The country demands a win-win, smart Brexit; not a lose-lose ideological hard Brexit which will damage the UK, damage Europe and for which there is no need and no mandate.”

Mr Yalland is reportedly concerned that that government would be acting illegally if it did not get a proper mandate for leaving the single market. He sums it up very well “my judicial review will ask the court to decide who is correct”.

If it is ruled in the claimants favour Article 127 of the Lisbon Treaty would also have to be triggered. If so, it is argued that they would need to get the permission of Parliament. 

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