Petrina

Their Lordships decided that the two treaties were not the same and that it was a matter for Parliament decide on the referendum I believe .Wheeler has been refused his application for an appeal ,but can and will go to the Court of Appeal for permission to appeal .He is doing that today.

Wheeler was not surprised by the decision as he viewed Richards as a very conservative judge ,(inspite of wearing Calvin Klein underpants!)he had been Treasury Counsel for a number of years before his appointment ie he was used to taking the Govt.view.

Good luck to Wheeler and his team ,we are all depending on you .

Bett Nwar

Anyone have a link to the judgement or whatever the judges actually said?

cassie

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Funny how the courts only complicate things for HM Government when either foreigners or criminals or both benefit!



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gremlin in the works

no shocking news here for me as Richards used to work with brown and co

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William Pitt the younger “Unlimited power is apt to corrupt the minds of those who possess it; and this I know, my lords, that where laws end, tyranny begins”

Millennium3

This thread's title is beginning to sound a little hollow.

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Master Rinzai advised: If you meet a swordsman on the road, show him your sword. Do not offer your poem to a man who is not a poet.

Baron von Lotsov

That's to be expected really. In cases that break new ground the lower court generally dismisses it so that it gets dealt with by a higher court, who are in the position to decide on such fundamental legal issues. It's up to the Court of Appeal now as to whether they will hear the case.

I was helping out in a case myself recently and we lost the case in both lower courts and won it in Italy's Supreme Court. That's one step from the very top that is the ECHR. I'm glad we didn't need to go there!

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"A government big enough to supply you with everything you need, is a government big enough to take away everything that you have..."

Richard Allen

I am sorry to say this but the decision was correct. The courts have no right to decide how Parliament should legislate.

eublues

They could, however, as I see it, have a right to say that the British people should not be shamelessly lied to by a political party seeking power.

Richard Allen

If the British people are upset about this they can do something about it at the next election.

Baron von Lotsov

Parliament should be controlled by the courts in some cases. Recall Blair and Lord Cashpoint, no one would argue that the police should not have been involved and ultimately the courts. Greenpiece has already won a High Court action to delay the government's nuclear programme on safety grounds, so this sort of thing already happens and is covered by the law. Now the Court of Appeal needs to decide that there is a case of the government promising something and then not delivering. It's not all one way or all the other, and as I see it this matter is somewhere in the middle. However the case will be decided on legal merit, not on vague statements like that issued by the defence.

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"A government big enough to supply you with everything you need, is a government big enough to take away everything that you have..."