back to article Prominent Brit law firm instructed to block Brexit Article 50 trigger

Law firm Mishcon de Reya has been instructed to launch a legal challenge to block Britain from leaving the European Union, in spite of the popular vote to leave the bloc. Solicitors and barristers from Mishcon de Reya are working with Blackstone, Matrix and Monckton Chambers to argue Article 50 of the European Union – the …

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    1. whatevs...

      Re: Reg readership

      Just remember those "Capital based ponces" when the EU funding dries up and you are looking for your next handout.

    2. Hollerithevo Silver badge

      Re: Reg readership

      Some of us went where the jobs were. The idea that those outside of London are somehow more authentic and 'real' and stalwart than those of us living here is tiresome.

      1. Anonymous Coward
        Anonymous Coward

        Re: Reg readership

        I'm a Manchester Man by birth and education. I live in London cos that's where I got a job, and I hate the way that Brexit has been passed by a few percentage points based on a bunch of false promises, half truths and downright lies.

        (And a pretty crappy campaign by Remain who spent the whole time in defence and never even got near to the goal - or am I thinking of the football? )

        AC because personal information.

      2. inmypjs Silver badge

        Re: Reg readership

        "The idea that those outside of London are somehow more authentic and 'real'"

        Those outside London are more, about 56 million or 7.5 times more.

        Something which the population of the capital seem to have trouble comprehending, likewise that any of them could not disagree with your opinion on brexit without them being thick, believing of campaign lies, and at least xenophobic if not racist.

        35% of the capital's population are immigrants which obviously skews opinion, interestingly about the same proportion as Wisbech except all theirs arrived in the last 9 years from eastern Europe.

        1. Anonymous Coward
          Anonymous Coward

          Re: Reg readership

          "... without them being thick, believing of campaign lies, and at least xenophobic if not racist.

          35% of the capital's population are immigrants which obviously skews opinion, interestingly about the same proportion as Wisbech except all theirs arrived in the last 9 years from eastern Europe."

          Said without any sense of irony. Magical.

        2. Doctor Syntax Silver badge

          Re: Reg readership

          "Something which the population of the capital seem to have trouble comprehending"

          Something you seem to have trouble in comprehending is that some of us making comments against Brexit don't live in London.

          I'm not sure what some of those who voted in favour are going to think when not only do the immigrants go back to eastern Europe but their foreign owned car factories follow them.

          1. MrZoolook

            Re: Reg readership

            Quote: "Something you seem to have trouble in comprehending is that some of us making comments against Brexit don't live in London."

            And you seem to have trouble comprehending that some of us making comments for Brexit aren't racist, xenophobic, thugs.

            But, what do I know, I'm only a racist, xenophobic, thug because I make comments for Brexit... right!

            Glass houses, stones, etc...

    3. Terry 6 Silver badge

      Re: Reg readership

      inmypjs

      If you'd ever read the usual BBC comments ( or maybe you do, but don't see the problem) the usual comments there would be enough to make Attilla the Hun seem like a Trotskyite by comparison.If it's only 4:1 in favour of Brexit that's practically a vote of confidence in Angela Merkle.

      1. MrZoolook

        Re: Reg readership

        Quote: "If it's only 4:1 in favour of Brexit that's practically a vote of confidence in Angela Merkle."

        There was a vote with every eligible person being given a single choice on whether we should leave or stay. The majority voted to leave.

        You can slice it however you like, it doesn't change the result one iota. 52% of the British citizenship wish to leave the EU.

        1. KeithR

          Re: Reg readership

          "52% of the British citizenship wish to leave the EU"

          Nope. 52% OF THOSE WHO VOTED isn't - by any definition - the same as "52% of the British citizenship".

          1. Ken Hagan Gold badge

            Re: Reg readership

            Those who didn't vote don't care and so be safely ignored. (Top tip for next time: if you care, vote.)

    4. Anonymous Coward
      Anonymous Coward

      Re: Reg readership

      I noticed the same thing and can only assume that as this is a tech website it is out of fear of being labelled as thick, poor or northern which according to the press accounts for 52% of the population. If that is true regardless of brexit it doesn't bode well for the future.

    5. Poncey McPonceface

      Re: Reg readership

      > ponces

      O master, you called?

    6. KeithR

      Re: Reg readership

      "When the BBC website occasionally let people comment strong leave sentiment was generally up-voted 4-1."

      Because upvoting posts that advocate bigotry and xenophobia is about the intellectual limit for most Brexiteers.

  1. Bloodbeastterror

    "popular vote"

    That's "popular" in the strict sense ("of the people"), not in the vernacular, right? It certainly isn't popular with a single person that I know, and even many of the people who voted "out" clearly had no clue what they were voting for and are resiling from their vote.

    1. Bloodbeastterror

      Re: "popular vote"

      I'm guessing that the downvoters are exiteers who aren't really sure what "resile" means...?

  2. Joe Harrison

    What about my EU Citizenship

    I am a dual UK and EU citizen, I know this because it says so on the front of my passport. The EU citizenship is granted by Article 20 (1) of the Treaty on the Functioning of the European Union. The UK Home Secretary has the power to revoke UK citizenship but not EU Citizenship. I can't figure out whether or not any EU functionary has a similar power to revoke EU citizenship but I don't think so.

    Article 50 is "only" about derogating from the Treaty of Lisbon. Suppose we do eventually leave EU, am I still a citizen, or not, and if not then what exact mechanism could they use to take away my EU citizenship? Discuss.

    1. captain veg

      Re: What about my EU Citizenship

      I wrote to Martin Schultz begging to keep my EU citizenship. He didn't reply. Mind you, neither did the current MP in the constituency where I last lived in UK.

      I wasn't allowed to vote in the referendum. Who, I wonder, is supposed to be representing my interests in the face of losing crucial (to me) rights?

      -A.

    2. Richard 12 Silver badge

      Re: What about my EU Citizenship

      It doesn't exist and never did.

      You are only an EU citizen because you are a citizen of a member state of the EU.

      If you cease to be a citizen of an EU member state, you cease to have any EU status.

      1. Joe Harrison

        Re: What about my EU Citizenship

        Strangely enough here's the answer to my own question - it's a situation nobody ever had to deal with before and there is considerable legal uncertainty. I don't want to give up my EU citizenship and removing it could well be a violation of my human rights. Who knew.

        http://www.bbc.co.uk/news/uk-politics-eu-referendum-36705580

  3. Andre Carneiro

    Misleading article title

    It would seem that the poor quality journalism that was the hallmark of this campaign (on both sides) lives long and prospers...

    They have been instructed to ensure that should Article 50 be invoked it is done so in a lawful manner which will not be open to challenge.

    SOME people are clearly trying to do something properly instead of the continuous shitstorm we've been having so far, you see...

    1. Anonymous Coward
      Anonymous Coward

      Re: Misleading article title

      Sadly, it would seem that poor quality journalism is now the hallmark of El Reg.

      Come on guys, stop trying to out-tabloid the tabloids!

  4. Jon Massey

    Worth reading

    David Allen Green aka Jack of Kent on this http://jackofkent.com/2016/07/the-mishcon-de-reya-legal-challenge-on-article-50-some-thoughts/ - it's unclear what Mishcon de Reya actually want from this action

    1. Bloodbeastterror

      Re: Worth reading

      "what Mishcon de Reya actually want from this action"

      Er... money...?

  5. cortland

    Plane English?

    "SHOULD the United Kingdom... " is only advisory, right?

    1. gnasher729 Silver badge

      Re: Plane English?

      ""SHOULD the United Kingdom... " is only advisory, right?"

      At the moment there is disagreement about that. But if a few more rats leave the sinking ship, following lying coward Johnson and lying coward Farage, and if there is a bit more good news (1£ = $1.28 = €1.16, share prices collapsing, IT spending for example expected to drop by 10-15%, pension funds in trouble and so on), that disagreement will disappear.

      It's a referendum, not a suicide pact.

    2. Anonymous Coward
      Coat

      Re: Plane English?

      Plane? Is that BA or ryanair?

      (Other airlines seem more competent IME).

  6. amanfromMars 1 Silver badge

    What a palaver. A whole lot of Jessies pratting about like pretentious fairies

    Are concerted actions conspiring against the express elected wishes of a clear and accepted majority of peoples, a terrorism and treasonous act, or is such thought to be perfectly normal and crooked par for the course in the soap and sub-prime daytime television show that is modern day politics with right dodgy justice systems?

    It certainly aint cricket, old boy.

    Bloody revolutions have started for considerably less. Is that the cunning master plan? Pitting the disgruntled masses against disgraceful systems? Hmmm? Now there's a novelty.

    1. Flocke Kroes Silver badge

      @downvoter

      Years ago there was a travesty generator posting as amanfrommars here. amanfromMars 1 is sufficiently more coherent that I have wondered if this is a human deliberately trying to fail a Turing test. My bet is that amanfromMars 1 is a bot, possibly with a human picking the best of three travesties generated from text created by us commentards.

      If I am right, who are you really downvoting?

      1. amanfromMars 1 Silver badge

        The global fun in Great Games/the deep ducking and raw diving is only started ......

        amanfromMars Mon 4 Jul 09:57 [1607040957] ….. saying an uncomfortable truth unto powers that may wannabe on http://www.thedailybell.com/news-analysis/no-email-charges-for-hillary-in-a-series-of-polarizing-news-reports/

        Conclusion: A lack of legal consequences for obvious malfeasance on the part of Hillary and her husband will contribute to further polarization and loss of confidence in US civil society. It is, in fact, a signal that society is changing rapidly.

        That conclusion, DB, is also the truth for UKGBNI should the shortly to be published Chilcot report not deliver blame and shame where it is due, and prosecutions for malfeasance in office and aiding and abetting war crimes.

        Failure to justly address such issues, is responsible for the inexorable rise of home grown terrorism and the export/import of foreign expertise in the effective strategic and tactical planning against catastrophically vulnerable systems and politically incorrect bodies which can easily also be the clinical targeting of political personnel.

        And, if one thinks logically about such matters, if one has a problem with the likes of a Saddam Hussein, former head honcho in charge of Iraq, get rid of the problem but don't destroy an oppressed nation of forced into servitude innocents in the process, unless you want to prove yourself a war criminal with ulterior motives best kept hidden from mainstream view and general knowledge.

        However, that certainly DOES shift the spotlight of accountability and responsibility firmly onto those politicians and media darlings surely responsible for such shenanigans, where formerly they may have expected a full immunity and the crazy freedom to act with impunity. That aint possible in a smarter world, is it, for such is the height of stupidity, is it not? And it is globally proven to be counter-productive, age after age after age. Wage a war and you are a warmonger. It aint rocket science, is it? And is it foolish and/or madness to not expect to be personally targeted for retribution and punishment, by all and any means and memes possible, if one be guilty of such a crime against humanities, if dodgy established systems in incumbent systems are perversely designed to allow ongoing corruption and future destructions?

        Would bots rule in systems admins and exercise command and control any worse than the pathetic psychopath and apathetic human, Flocke Kroes? And would that be akin to AI flexing its virtual muscles and making itself known to interesting and/or interested parties?

        There's a lot going on out there and in the here and now and nothing at all usual/traditional and conventional.

        Y'all might like to consider that CyberSpace rules the Roost and runs Pilots and Plots, and more than just a lot.

    2. Anonymous Coward
      Anonymous Coward

      Re: What a palaver. A whole lot of Jessies pratting about like pretentious fairies

      "Bloody revolutions have started for considerably less"

      However the English are usually too sanguine to do a proper bloody revolution. Possibly our history, and seeing other peoples', has taught us two things.

      1) use of force for regime change quickly becomes a recurring bad habit.

      2) if you support a revolution you are likely to be up against the wall when your "winner" decides they need to consolidate their position in power.

      1. graeme leggett

        Re: What a palaver. A whole lot of Jessies pratting about like pretentious fairies

        We tried a revolution thing in the 17th century. It involved all the nations of GB and Ireland, divided counties and families, killed and maimed, executed a king and put a dictator into place.

        I wonder why the French tried copying it in the 18th century?

        1. Ken Hagan Gold badge

          Re: What a palaver. A whole lot of Jessies pratting about like pretentious fairies

          I think the French were trying to copy the Americans, whose revolution worked out rather better. I would also note that in the American case, some in the North stayed in, which also appears to have worked out alright for them.

      2. amanfromMars 1 Silver badge

        Re: What a palaver. A whole lot of Jessies pratting about like pretentious fairies @AC

        However the English are usually too sanguine to do a proper bloody revolution. Possibly our history, and seeing other peoples', has taught us two things.

        1) use of force for regime change quickly becomes a recurring bad habit.

        2) if you support a revolution you are likely to be up against the wall when your "winner" decides they need to consolidate their position in power. ... Anonymous Coward

        Apparently history teaches nobody, including the English, anything about everything and especially not about those two things, as they are repeated so often by everyone everywhere in violent conflict.

        Are humans best classified and regarded as retarded with learning difficulties if one seeks to explain the difficulty?

        And proper bloody revolution comes in many novel virtual forms nowadays, with the real meat of the conflict delivered without a drop of blood being drawn, and that is terrorising corrupt and perverse systems admins for there is no possible defence against the power and energy of a PACT* to right wrongs, no matter how many layers of obfuscation cover the problem trying to prevent resolution and solution.

        *Persistent Active Cyber Threat

        1. amanfromMars 1 Silver badge

          Your post will be updated soon - be patient. You have 10 minutes after posting to make it better.

          Re: the PACT reality

          Technology is creating capabilities that have only been a dream for us as a society in the past, we need to figure out how to deal with that reality ... Director of the National Security Agency Admiral Michael Rogers

          Imagining the status quo with their entrenched establishment interests are in any way equipped to deal with such a reality and virtual reality plays is a classic recipe for austere collapse and escalating disorder in their circles, methinks. Other circles, both irregular and unconventional, revolutionary and disruptive, will be totally unaffected and exercise a surprising novel force and radical energy filling the future intellectual property and media hosted products void[s].

  7. The Vociferous Time Waster

    Oh come on

    This is normally a forum for smart people. The expressed will of the people was a vote of a minority of the electorate and it was largely based on the blatant campaign lies of the leave camp.

    Parliament has been advised that a minority of the electorate have a wish to leave the EU however this desire should be tempered against a need to ascertain what sort of deal we can get and if it is in the interest of the people and meets the terms of the deal offered by the leave camp.

    If the government cannot obtain freedom from EU 'laws', curtailing of free movement (while protecting status of British migrants abroad), £350m extra a week for the NHS and full and tarrif free access to the single market then the deal does not have the mandate of that minority of the electorate because that is what they voted for.

    1. Flocke Kroes Silver badge

      Re: Oh come on

      The Brexiters I have spoken with face to face (not a statistically significant sample) had their own reasons for voting leave (unrelated to leaving or remaining in the EU). Although I believe most of them are capable of reading I am not convinced any of them made the effort to read the Brexit flavoured leaflet. I literally had to show them a picture of the Boris bus before they would believe extra money was promised for the NHS.

      Agreeing a proposed exit deal with the EU, publishing it, giving the people of the UK time to understand it and then having a leave/remain referendum sounds really sensible. The difficult bit will be getting people to read the document and start thinking.

      1. Terry 6 Silver badge

        Re: Oh come on

        One example means nothing, but on the morning after I was chatting with a Leaver in the Tesco carpark. He voted leave because he ( "And the people I talk to in the pub") believed that when the immigrants go away the low paid jobs that the English don't want would become higher paid because the employers would have to pay more.

        I aint convinced.

        1. Paul Shirley

          Re: Oh come on

          @Terry 6: next time you meet him in a car park mention 'workfare'. The last incarnation scrapped in Nov2015 but easily resurrected by a brexit friendly gov wanting to please the brexit voting farmers.

    2. inmypjs Silver badge

      Re: Oh come on

      "The expressed will of the people was a vote of a minority of the electorate and it was largely based on the blatant campaign lies of the leave camp."

      The leave vote was the largest number of votes cast for anything in this country ever. Sure take solace from the fact that counting those that couldn't be arsed to vote (which no one does *ever* you moron) leavers were not a majority.

      And oh how the remainers cling to the idea that beleavers only voted because they believed the lies of the leave side, IMO most were smart enough to see through the lies on both sides with many finding support for leave in the lies and threats from the remain side.

      What an own goal the Obama visit was, if we wanted to be told what to do by politicians we didn't elect we wouldn't want to leave the EU would we.

      1. captain veg

        Re: you moron

        Look up "supermajority", brainbox. It is pretty much universal in countries whose constitutions make a feature of binding referendums. Ours doesn't.

        -A.

      2. KeithR

        Re: Oh come on

        "And oh how the remainers cling to the idea that beleavers only voted because they believed the lies of the leave side"

        No, we reckon that most Beleavers are xenophobic bigots who are happy to fuck the UK and its best interests over in order to exercise their bigotry by disentangling from the EU..

  8. Anonymous Coward
    Anonymous Coward

    It will be interesting to see if the EU insist on following the legal process, i.e. first we agree how to untangle the UK from the EU under Article 50 then, when that process is complete and the UK is officially exitted, we start talking about a trade deal.

    I must admit at the moment I don't see many aces up the sleeves of the UK negotiators - my bet is we'll import people from the US to help.

    1. Flocke Kroes Silver badge

      Article 50 causes two treaty negotiations: one for how we exit and another for what happens afterwards. The UK remains a full member of the EU until we abandon leaving the EU, abandon the negotiation after two years or reach an agreement approved by the European Parliament (and any member states that get special treatment).

      Take care about asking the US for help: they might send us Donald Trump.

  9. The Godfather
    Facepalm

    Sovereign rules apply n'est pas?

    So, one goes for Brexit to regain 'sovereign power' but one argues sovereign rules requiring the result of a referendum be approved by HM Parliament is not flavour of the month.......

    1. Paul Shirley

      Re: Sovereign rules apply n'est pas?

      It's as if no one told them sovereignty is something they only borrow for 1 day every 5 years, then it's snatched back in exchange for a few promises our rulers will selectively fulfil.

      The de minimis bit of control those in power needed to share to stay there. Us plebs are supposed to be satisfied with the illusion, after all it's more than most of us had for the last couple of thousand years.

  10. mstreet

    If it is a group of business'...

    If it is a group of business' behind the challenge, I wonder if said business' have thought through all the implications of such a challenge.

    Regardless of whether one is pro-EU or not, wouldn't this prove once and for all, that democracy is just a veneer that can be utterly ignored when the mighty dollar\pound\yen holders of the world are at risk of losing some cash?

    1. Paul Shirley

      Re: If it is a group of business'...

      I'll say it again: this will confirm that brexit is performed in a legal manner and reduce (not prevent) the inevitable legal challenges later. Where real reporters dealt with this, it was made clear they don't expect to stop brexit, just make sure it's done properly.

      This is about removing uncertainty, which damages business, the country and it's people - native and migrant. The same reason I want the clueless fuckwits to stop delaying and finish this almighty fuckup quickly, before the enboldened xenophobes turn even nastier.

      I remember what this country was like in the 70's and I don't want those attitudes back.

  11. bombastic bob Silver badge

    we get court challenges a lot in the USA

    We get court challenges to legitimate 'wins' in referendums ALL of the time here in the USA. This is because hand-picked (activist) judges are relatively easy to manipulate, compared to what the PEOPLE want. Expect to get THEIR agenda shoved up/down/into various orifices as a result. It's how "they" get things done. Not by referendum, not by convincing your representatives in Parliament to legislate, but by ABUSING the legal system to block, frustrate, and ram an agenda through. Because "they" are a minority opinion, but "they" won't tolerate not getting "their" way in SPITE of the majority. "They" know BETTER, after all...

  12. Anonymous Coward
    Anonymous Coward

    The sanest comment of all

    "Rallying against the people in order to protect the unelected elite is the new 'smash the system'. I can't wait to hear the protest songs."

    https://twitter.com/GodfreyElfwick/status/749934112367075329

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