If you believed the fake news media reports, you would think that the English Democrats’ case to prove that the UK has already left the EU had been thrown out.
Robin Tillbrook, leader of the English Democrats Party, assures Independence Daily that this simply is not true!
He says: “Despite the most outrageous attempts to manipulate and pervert the mechanics of the English justice system, our case is still on – and it’s still giving the Europhiles and their corrupt Westminster elite puppets nightmares.”
After months of stonewalling the ED’s applications, the increasingly politicised ‘system’ suddenly issued a special decision to reject the case as ‘Totally Without Merit’. This is a category of rejection introduced recently to deal with the genuinely groundless applications of litigants in person in immigration cases in the Administrative Court.
“To try to use it to dismiss our case is particularly outrageous given the public comment of retired Court of Appeal Judge Sir Richard Aitkin that our case is ‘strongly arguable’,” said Mr Tillbrook.
This is well above the merely ‘arguable’ threshold that is supposed to guarantee permission to Judicially Review.
Even more sinister, says Mr Tillbrook, is the fact that such a decision automatically gives the applicant a mere seven days in which to appeal – and the ‘coincidence’ that, after months of complete inaction, the legal Powers That Be sent it to his office slap-bang in the middle of the first two-week holiday he has taken in more than 20 years!
Mr Tillbrook is not directly accusing The Establishment of using underhand tactics such as finding out when he would be on holiday and making sure the necessary paperwork was delivered during that time. Most sole practitioners like him will simply close up their offices when they are away but he had his assistant go into the office a couple of times a week to check mail. It was she who picked up the order and pressed alarm bells.
It was also noted that while earlier, less important and less urgent communications were emailed to his office, this most important and time-sensitive order was only posted. And while it was purportedly sent out on Wednesday 19th June – and therefore deemed served on Friday 21st – in fact it did not arrive on the Friday (when all his post was opened) and so was not seen until Tuesday 25th when his assistant next went into the office.
But Mr Tillbrook was on to the wiles of The Establishment. “As soon as this attempt to knock out our case on technical/time grounds was spotted, our barrister, Francis Hoar, was alerted,” he said.
“Despite the short notice, he did a superb job in getting our Revised Application ready for us to issue in time. Indeed, despite the worse efforts of the Europhiles, our Appeal was submitted with a day to spare on 27th June as Claim No. CO/1322/2019.”
Mr Tillbrook bemoans that this is a “a very sad reflection on the state of ‘justice’ in this country which has now become so politicised that we seem to have lost the ‘Rule of Law’ which was the cornerstone of England’s hard won and hard fought ancient Constitution”.
He says there is now a Blairite judicial appointments commission which will only appoint judges who can “demonstrate a lifetime’s commitment to Equality and Diversity” and are therefore ideologically only of the multiculturalist Left and therefore almost all Remainers.
“Our battle to secure Brexit is thus not only still very much ‘on’,” he says, “but it is also just part of a much bigger political, legal and moral war to preserve and secure the unique and truly magnificent heritage and identity of our England and of the English whose sacrifices made her a beacon to the world, as well as the land we love.”
He told IndyDaily that he does not know when the case will next come to court “given the underhand tactics being used by the enemies of England within the legal system and the out-of-touch elite”.
We’ll be keeping a close eye on his blogspot.
I have followed this case from the beginning through Daddy Dragon on YouTube, he is brilliant with detail of this court case. I have supported Robin Tilbrook made donation to help with the case. I’m a pensioner l don’t have loads of cash to spare. I believe we have a very arguable case.
Did we leave on 29th March 2019 as suggested? I thought I’d take a fresh look at this starting from first principles. (Mainly Wikipedia).
1
The European Union (Notification of Withdrawal) Act 2017 passed without amendment on 16th March 2017. On 29th March a letter was handed to Donald Tusk at the EU invoking article 50 of the Treaty on European Union and started the withdrawal process of the United Kingdom from the European Union and the European Atomic Energy Community that was also mentioned in the letter, meaning that the UK became due to leave the EU before midnight on 29 March 2019,
2
The EU (Withdrawal) act 2018 became law on 26th June 2018. This was an Act to repeal the European Communities Act 1972 and make other provision in connection with the withdrawal of the United Kingdom from the EU. It fixed 21 January 2019 as the latest date by which the government must decide on how to proceed with negotiations. (So far so good. Still ahead of 29th March 2019.)
3
The European Union (Withdrawal) Act 2019 became law on 8th April 2019. It gave the government the authority to extend the deadline for withdrawal, with the agreement of the EU. On 9th April 2019 the House of Commons debated a motion under the terms of the Act put forward by the Prime Minister, requesting approval for the UK to seek an extension to the Article 50 process to 30 June 2019. This vote was passed.
So on 29th March 2019 there was no legislation in place to extend the deadline. (Even if this was legally possible.) The legislation (3 above) only became law on 8th April 2019. (But the ship sailed on the 29th March 2019).
An act of parliament before 29th March 2019 would have been required to change the 29th March 2019 date and any negotiation or agreement that may have taken place between the UK government and the EU in between 1 and 3 without an act of parliament would not have had the force of law.
Have I missed something? Is this really that simple? Surely not.
It pretty much is as you suppose. For a full look at the ED’s case, and to find the details you were missing, go to: robintilbrook.blogspot.com . The story’s beginning is in the entry for 12th March [confusingly found under the February list]. Then at 20th, 22nd, and 30th March. The full submission is given on 11th April [full of legalese] with an easier Press Release on 12th April. Then nothing until 4th July update – which brings us to this article.
Perhaps the people responsible for these devious actions against our democratic process should be named and shamed, include their phone numbers and home addresses, that might just make them think twice about how they act in future? At the moment they are protected by anonymity, this should stop immediately!
I would suspect that very few were aware or realised the compound effect of political influence on the Judiciary at the start. The ‘Blairite judicial appointments commission’ is clearly a part of this fabianistic imposition along with the closing of courts and the restrictions on legal aid. These actions along with May’s deplorable time as Home Secretary when she cut the policing budget. She leaves a terrible legacy, as has been noted by one ex Met chief Lord Stevens describing her as the ‘worst ever Home Secretary and a disaster as PM’, he is not alone by any means.
It was for good reason that Barristers went on strike recently against the deplorable governance of the legal system in the UK.
Surely one of the tasks for a new PM and any credible opposition party would be to overturn the terrible decisions made. Yes, Johnson promises to put 20k Bobbies back on the beat, but what of all the other points of negligence, incompetence and ideological corruption.
The suspicion of ‘dirty tricks’ may easily have been dismissed twenty or so years ago, but now nothing would surprise and the once unlikely has become the more likely. With implication of our ‘secret service’ in paedophile rings or the application of political bias, can we trust them either?
It does seem that it is ‘the people’ against ‘the Establishment’, the point made by Flyer when posting a link to the Timeline program about the Peasant’s Revolt.
I would like to see the sacking of the judiciary appointments commission in total and a fresh start made, with removal of any politically motivated recruitment criteria. Also a complete depoliticization of the ‘secret service and the ‘police force’, which again would require the ‘retirement’ of those who have not had the integrity to resign when pressured or were inappropriately hired using political criteria. They too are ‘our’ employees and not the tools of the fools in Parliament who have forgotten their duties as employees. There are stark comparisons with the ideological infiltration of institutions in the UK with that of the USA. Unfortunately we do not have a Trump.
Thank you Debbie and thank you Robin Tillbrook.
🙂
Can you keep us up to date “INDEPENDENCE DAILY” please. I find it hard to find any imformation on MSM…
I’m keeping a close eye on the matter Tracey. You’re quite right – the MSM won’t cover it because it’s pro-Brexit and they’re all Remainers.
I’ll do the best I can.
I take back all I’ve said about lawyers.
Hold on TG, only take back some. Not all of them deserve a free pardon.
All good stuff.
Except that they’re not ”elite”.
Just out now:
“update Brexit Court Case Appeal 6th July 2019”
https://youtu.be/fRsmJ4bNs5w
Daddy Dragon, ’nuffink gets ‘im dahn, roight?’, great, thanks flyer. Informative and entertaining, how he can be so upbeat when presenting what is yet another example of our trampled democracy I do not know. Good luck to Mr Tilbrook and his team but it is clear that we are faced by people without scruples.
Not only without scruples, but without honour..
In essence it would seem that the Judge that threw the case out has made a schoolboy error. He refers to the EU (Withdrawal) act 2018. (Reasons 3, 5 etc.). He appears to have missed the
European Union (Notification of Withdrawal) Act 2017.
This has, under 1
Power to Notify withdrawal from the EU (2): This section has effect despite any provision made by or under the European Commission Act 1972 or ANY OTHER ENACTMENT. (my emphasis).
My understanding is that because of the words “or any other enactment” the power conferred can only be used to trigger withdrawal and can only be used once.
The Act does not confer power to say to your mates in the EU “woops, stop the clock, I need more time!”
In effect Mrs May may have exceeded her authority.
In any event that is what I believe is being argued here but then I’m only an engineer giving free legal advice. (For what it’s worth.)
Thank you for this excellent update and the sane and strong arguments within, There is so much to do to reverse the nightmarish Fabian feudalism that the Blairites etc have wrought upon the sovereign nation and secure the Constitution again under Common Law and not globalist regulations and rules, to help our children live in a better society than this dystopian form of ideological political control. Who could have thought it woudl get so bad?
Perhaps Robin Tilbrook should book another vacation to go away in the next 2 weeks, and send a letter to the Appeals court advising them he’s going away again, but probably no need as MI5 are probably monitoring everything he sends on email and by phone.