Brexit court case - Ireland

[Lordship 516]

A British lawyer is launching a fundraising campaign in a bid to bring the issue of Article 50 to the Irish courts.

Jolyon Maugham QC is hoping the legal challenge to Brexit will be referred from the Irish High Court to the European Court of Justice (ECJ).

The aim of the case is to establish whether or not Article 50 can be reversed once it is triggered to be adjudicated upon by the ECJ.

http://www.independent.ie/business/brexit/uk-barrister-to-bring-article-50-clarification-case-to-irish-high-court-35282885.html

[JohnL]

Also strangely this court case wants to establish whether article 50 has already been triggered.

Theresa - you haven't done it on the quiet have you ?

https://www.theguardian.com/law/2016/dec/09/irish-courts-to-be-asked-to-intervene-in-brexit-legal-process-article-50

"Maugham?s claim will also question whether Brexit was triggered in October when Theresa May told the EU council the UK would be leaving. Since then the EU has appointed negotiators and has been behaving as though the UK is on a departure trajectory, Maugham says"

Note: the EU chief negotiator said negotiations would end in October 2018 Ooooops :)

[Loz]

I'm missing the reason as to why this is going to an Irish court??

[Lordship 516]

Loz Wrote:

-------------------------------------------------------

> I'm missing the reason as to why this is going to

> an Irish court??

Because "The aim of the case is to establish whether or not Article 50 can be reversed once it is triggered to be adjudicated upon by the ECJ." This is a matter for the European courts to decide & Maugham is merely using the Irish courts a a means to get it referred to the European courts for a decision.

Jolyon Maugham QC is also trying to argue that Article 50 has actually been "de facto" or constructively implemented but this is likely to fail as the procedure is explicitly set out in Article 50 for this to happen.

The Irish courts are likely to refer the matter to the European courts for a decision. The Irish courts won't stray into matters where the UK courts have direct jurisdiction and will likely not offer any opinion except to refer it onward to the European Courts or maybe dismiss it on grounds of the Irish courts not being the proper venue for an application of this nature at this time.