The Written Case to the Supreme Court for the Northern Ireland Applicants is – to the best of my knowledge – not available elsewhere. I have been given permission to publish it here.
There are two points, in particular, to note.
First, the Applicants are (to the best of my knowledge) the only parties gently to moot the possibility of a reference to the Court of Justice of the European Union on the question of the revocability of a notification under Article 50. Even occasional readers of mine will know that I believe that establishing the revocability of a notification to be the key to changing the political dynamics of the Brexit debate. So I regard this as a significant development.
The relevant extract reads as follows:
Second, the Applicants are Crowd Funded (and look to be operating on a shoestring). It seems to me to be a brave and commendable stance to seek a better balance (at least as I see it – others do differ) between long term strategic goals (opening the door to a better or no Brexit) and short term goals (winning the case).
I have made a donation to the Crowd Justice bid – and I would encourage other readers (who are able) to do so too.Follow @jolyonmaugham
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You can bet your pension that if it gets as far as the ECJ, the decision will ensure that there is a way out of the process and the UK prevented from leaving.
It seems to me much more sensible to repeal the 1972 Act and be done with it.
The EU will kick up a fearsome fuss and the BBC continues to push the notion that we will not have access to the Single Market. If that is the case, the Single Market will not have access to us. I cannot imagine French farmers and German industrialists viewing that in a kindly light.
Apart from Germany, our’s is the only big economy with low unemployment and continuing to grow. Surely they are not going to turn their back on that business in order to punish us. If they do, I suspect that the punisher will feel far more pain a great deal faster than the punished.