The Wolchover case is moving towards a much higher public profile. You may remember David Wolchover claimed the Article 50 notification was illegal since there has been no constitutional decision made about leaving the EU, as The Supreme Court ruled was required last year. There are now three cases about to start in the courts all based on his proposition. He has now prepared an update that you can read (HERE).
Looking at his arguments it is difficult to see how the government have complied with the 2017 Supreme Court ruling in the Miller case. The court ruled the referendum was not a decision in the legal or constitutional sense and an act of parliament was needed to confirm the decision. The EU (Notification of Withdrawal) Act 2017 only said the government "may notify" the EU but it did not make any decision or indeed compel the government to do anything.
In fact in the government's response to one of the legal cases it was unable to point to where or when the decision was made. Wolchover does not believe the decision can be deemed to have been made by implication, that is implying a decision has been made simply by giving notice.
Watch out for these cases hitting the front page of The Daily Mail!
