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Brexit By Judicial Review

by Chauncey Tinker – 17 Sep 2017

My own impression is that we are drifting towards a “no deal” Brexit, and I tend to think that may well be the best sort of deal. I certainly don’t think the UK needs to hand over any giant “Brexit payment” at all (Jacob Rees Mogg makes this point quite well I think). However we are being ruled (not so much “governed” perhaps) by an elite that doesn’t seem to think that they are governing for the people, but rather more for themselves. I suspect quite a few of them may be secretly hoping to eventually land a cushy job (all expenses paid) as cogs in the malfunctioning EU machine eventually. Quite what sort of Brexit we will end up with if its left to the govt. to deliver it, I don’t know and increasingly I really doubt that the govt. know themselves.

UK ready to pay £36bn Brexit bill, but only if EU talks trade

Why are we prepared to hand over so much money when the EU stands to lose at least as much if they don’t trade with us?

After the last election didn’t go very well for the Conservatives, Theresa May’s two closest advisers were sacked and replaced by a new adviser/Chief of Staff:

REVEALED: What Theresa May’s new chief of staff Gavin Barwell REALLY thinks about Brexit

The above article quotes a tweet from Barwell following the EU referendum:

"Proud that my home town and the great city of which it is part rejected the politics of hate and division yesterday."

The politics of hate and division? Born in Cuckfield in Sussex, Mr Barwell was an MP but he had lost his seat in the election. The Chief of Staff is a very powerful unelected position apparently and well, clearly Mr Barwell is a Remainer. He says he respects the will of the people, and May herself assures us that “Brexit means Brexit”. However you have to wonder why May (a Remainer) is appointing another Remainer (who thinks Brexit is about hate and division) as her closest adviser when she’s supposed to be delivering Brexit.

Here are some of the ideas we are up against:

New campaign group, Open Britain, launches to fight for best possible EU deal for Britain

(supporters include MPs Anna Soubry, Pat McFadden and Norman Lamb)


Valuing talent and hard work, with a fairer system. The UK should "mend not end" free movement, with an EU-wide debate on how the system works, looking at a range of reform options to mitigate negative economic outcomes if they arise.

You cannot “mend” free movement, because free movement by definition means having no control (the clue’s in the word “free”, doh).

Other MPs are of course up to no good trying to undermine Brexit as well:

"Fifth column" anti-Brexit MPs working with EU to undermine UK

Pro-EU MPs plot to defeat UK government over hard Brexit

Anyway, in general you get the picture, we don’t really know what sort of “deal” is going to emerge from the people currently in charge of the country. We may somehow even find ourselves still in the EU at the end of it – you remember how the Irish referendum went – repeat until right answer given.


Some individuals have decided that the govt. cannot be trusted to deliver Brexit, and are seeking to achieve a Brexit through the courts instead. I suppose it might be more correct to say that the objective here is to establish that we never legally entered the EU in the first place, because the European Communities Act of 1972 was passed unlawfully.

I thought this was an interesting idea, and so thought I would publicize it here. First of all, what is a judicial review? There is a description from the “Courts and Tribunals Judiciary” here:

Judicial review

A more detailed explanation of the process is given here for those that want to get more knowledgeable about it:

Pre-Action Protocol for Judicial Review

Anyone can bring a judicial review against a public body if they believe that a public body has made a decision or action unlawfully, for example if consent was obtained by LYING to the general public. The first step is apparently to send a Pre-Action notice letter.

Graham Moore explains what they want you to do here:

Take Back Control

Here is the link to a printable copy of the letter that they want people to send:


Direct link:

Please note that I don’t necessarily agree with or endorse anything else these gents are doing, just as a disclaimer – I have yet to study it all. Don’t be put off by their lack of posh accents and occasional use of fruity language however, the use of judicial review here is a smart move. This is a great example of ordinary people taking the initiative and participating and attempting to save our great civilization from descent into goodness only knows what.


I fear that contrary to May’s assertion that “Brexit means Brexit”, what Brexit is going to end up meaning is “lets capitulate and give King Juncker the Undeserving a big fat present of billions of the hard-working and under-appreciated taxpayers’ contributions and sign some unreasonable agreement”.

This judicial review initiative may be successful or it may get thwarted at some point along the line by the powers that be, but at the least it will send a message to them that growing numbers of people are not happy about the status quo and we are even less happy about the direction of travel. Unlike the powers that be we are not in thrall to the name-calling petty mainstream media who inhabit the same group-think bubble that the politicians call their home.

Feel free to agree enthusiastically/disagree politely with me in the comments below.


Brexit the Movie

UK’s former most senior EU diplomat takes Brexit role for lobbying firm

What do you think? Are the courts the only hope? Please leave a comment below.

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