Court challenge to EU referendum

Author (Corporate)
Series Title
Series Details 2.5.08
Publication Date 02/05/2008
Content Type

Case for EU referendum to be reviewed
By Megan Murphy
Financial Times, 3 May 2008

A prominent Conservative party donor will test Gordon Brown's refusal to hold a referendum on the European Union Lisbon reform treaty in court next month.

Stuart Wheeler, who made a £30m fortune from IG Index, a City spread-betting firm, wants to force the government to honour a promise to hold a vote on the European Constitution.

The High Court ruled yesterday that Mr Wheeler's case that the two treaties were the same in substance if not name was at least "arguable". The way is now clear for him to seek a full judicial review.

The Lisbon Treaty - which is before the Lords - was introduced after French and Dutch voters rejected proposals for the European Constitution in 2005.

A two-day hearing has been scheduled to start on June 9.

Mr Wheeler's first-round triumph adds to the list of woes facing Downing Street in the wake of yesterday's electoral drubbing.

The millionaire businessman, who has raised about £160,000 from individuals to fund the case, said he was "absolutely delighted".

"It's clear to me that we have a very, very strong moral case for a referendum,'' Mr Wheeler said. "What this hearing was about was whether we had an arguable legal case."

Senior Conservative figures welcomed the ruling. William Hague, shadow foreign secretary, said it would be "a great day for democracy" if the action succeeded. "The government promised a referendum on the EU treaty, which is the constitution in disguise,'' Mr Hague said.

Last month the prime minister defeated a parliamentary bid to force him to call a referendum on the treaty

The Foreign Office said it remained confident of the strength of its legal case and noted that the threshold for obtaining a judicial review in the High Court was low.

"Hardline eurosceptics brought similar cases in respect of earlier European treaties, so this case is no surprise,'' it said. "Those challenges all failed."

Mr Wheeler, who has given more than £5m to the Conservative party over the years, insists that he is not trying to interfere with parliament.

Voters, he said, had been given a "legitimate expectation" that a referendum would be held after one was promised in Labour's last election manifesto on the EU constitution.

His action is being supported by a eurosceptic pressure group, Open Europe.

Copyright The Financial Times Limited 2008

Treaty faces High Court threat
By Megan Murphy
Financial Times, 10 June 2008

The Lisbon treaty is facing a separate - and potentially equally significant - challenge this week at the High Court in London, writes Megan Murphy in London.

Stuart Wheeler, a millionaire backer of the opposition Conservatives, claims the British government has reneged on its promise to hold a national referendum on the now-defunct European constitution. He argues that pledge should apply with equal force to the Lisbon treaty, on the grounds that it is effectively the same agreement.

Should the High Court agree, it would stall implementation of the treaty - which must be ratified by all European Union member states - across the entire EU.

Lawyers said Mr Wheeler, who made his fortune from spread-betting firm IG Group, faces steep odds in his bid to force a referendum.

Copyright The Financial Times Limited 2008

Millionaire Stuart Wheeler has won his battle, May 2008, to force a High Court review in the United Kingdom into whether the UK government should hold a referendum on the EU's Lisbon treaty.

Stuart Wheeler was granted a judicial review of the Government's decision to break its promise of a referendum on 2 May 2008. The judicial review will take place on 9 and 10 June 2008. The Treaty is currently going through the House of Lords and a vote on the referendum issue had been agreed for 11 June 2008.

Source Link Link to Main Source http://news.bbc.co.uk/1/hi/uk_politics/7379610.stm
Related Links
Lisbon Treaty Litigation: Why I am suing the Prime Minister by Stuart Wheeler http://www.stuartwheeler.co.uk/index.html
BBC News, 25.6.08: Wheeler to appeal over referendum http://news.bbc.co.uk/1/hi/uk_politics/7472449.stm
UKIP: Press Release, 25.6.08: Referendum: we fight on says Wheeler http://www.smeggys.co.uk/news_uk_ip_party.php?match=uki&news_topic=107921&page=34
Global Vision: Press Release, 25.6.08: Global Vision disappointed with Court ruling on Stuart Wheeler's judicial review http://www.global-vision.net/PressR1862.htm
UKIP: Press Release, 2.5.08: UKIP backs referendum court victory http://www.smeggys.co.uk/news_uk_ip_party.php?match=uki&news_topic=75540&page=1
Global Vision: Press Release, 2.5.08: Global Vision welcomes judicial review on Lisbon Treaty http://www.global-vision.net/PressR1821.htm
http://www.iwantareferendum.com/ http://www.iwantareferendum.com/
Open Europe: Press Release, 2 May 2008: Judicial review - Government must stop ratification of Lisbon Treaty http://www.openeurope.org.uk/media-centre/pressrelease.aspx?pressreleaseid=72
BBC News, 20.6.08: Brown offers EU treaty assurances http://news.bbc.co.uk/1/hi/uk_politics/7465665.stm
BBC News, 9.6.08: Court pressed over EU treaty vote http://news.bbc.co.uk/1/hi/uk_politics/7442980.stm
United Kingdom: Foreign and Commonwealth Office: Press Release, 25.6.08: Lisbon Treaty: Stuart Wheeler verdict http://ukinsenegal.fco.gov.uk/en/news/?view=News&id=3861385

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