We have a draft Brexit agreement - what next?

The CrowdJustice Team

posted on 16 Nov 2018

Theresa May has a fight on her hands as Ministers scrutinise her draft Brexit agreement. Since the Referendum, Brexit has topped the agenda. Crucial questions have been dealt with in the courts, and many wouldn’t have made it there without crowdfunding. If you backed these campaigns you have played, and will continue to play, a key role in shaping legal history.

Today, we’re giving you the backstory on the Brexit litigation you brought to life and getting you up to speed with the latest crowdfunded Brexit challenges.

Triggering Article 50

A crowdfunded case made history in January 2017 when the Supreme Court declared that triggering Article 50 required an Act of Parliament. The Court made clear that Parliament had to be the one to commence the UK’s withdrawal from the EU. You can read the Supreme Court’s decision here. Parliament continues to play a central role in the process, with a vote also required on the draft deal the Cabinet are discussing this week.

Revoking Article 50… from Scotland?

The UK invoked Article 50 in March 2017. In September 2018, Scotland’s highest court asked the European Court of Justice to rule on whether the UK could unilaterally revoke its Article 50 notification. You can read the Scottish court’s decision here. Just a few days ago, the Court of Session rejected a last ditch attempt by the UK Government to stop the European Court hearing the case. A decision from the European court is expected before Christmas. You can read the arguments of the petitioners going to the European Court here. They are still crowdfunding. Find out more.

New Brexit challenges

Two upcoming cases are challenging the conduct of the Referendum in light of the Electoral Commission’s finding that Vote Leave broke electoral spending laws.

  • The UK in EU Challenge is a judicial review seeking to have the Referendum result declared null and void. Chair of Bremain in Spain Sue Wilson, who is bringing the challenge, says: “This may be our last chance to take direct action and prevent an undemocratic Brexit”. They are still crowdfunding and the challenge will be in court this December. Learn more here.
  • Fair Vote UK is raising funds to try and secure a full public inquiry into campaign spending during the Referendum. Kyle Taylor, Director of Fair Vote UK, says “It is vitally important that we - at this moment - fight with everything we can to defend our democratic systems and rule of law”. They are still crowdfunding. Learn more here. 


Brexit is radically changing Britain’s political outlook and place in the world, and crowdfunding gives you a voice in that debate. Whatever your view, thanks for helping to shape our democracy.

Have a legal case that could benefit from crowdfunding? Download our Lawyer's Guide to Crowdfunding or get in touch: lauren@crowdjustice.com

Image credit: Flickr / Stortinget

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