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Stuart Wheeler looses case

Even a pessimist like me has a small degree of hope that an obviously lost cause would be reversed in the end. However unfortunately that is not to be, as the high court have now rejected Stuart Wheelers case against Gordon Brown for not holding a referendum.

From Press reports Lord Justice Richards and Mr Justice Mackay said “We are satisfied that the claim lacks substantive merit and should be dismissed.”

“Even if we had taken a different view of the substance of the case in the exercise of the court’s discretion, we would have declined to grant any relief, having regard in particular to the fact that parliament has addressed the question,”

They also refused to allow and appeal “We are satisfied that an appeal has no prospect of success.”

“Whilst the issues raised are interesting and important, that is outweighed by the desirability of certainty and the avoidance of unnecessary delay in this matter.”

“There is no other compelling reason why an appeal should be heard.”

Actually there is no desirability of certainty, it is better to be right than be certainly wrong, and the avoidance of unnecessary delay in the matter, as the EU has put open talks about the ratification back until at the earliest October when the Irish will have to come up with a promise of a new referendum and by which time the Czech Constitutional court will have pronounced on the legality of the treaty, so in reality there is plenty of time for an appeal.

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Filed under : Legal Matters
By Ken
On June 25, 2008
At 11:18 am
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