British Eurosceptic to get legal review on Lisbon Treaty vote

BRITIAN: Calls were made yesterday for the ratification of the Lisbon Treaty to be put on hold pending a High Court challenge…

BRITIAN:Calls were made yesterday for the ratification of the Lisbon Treaty to be put on hold pending a High Court challenge over the British government's refusal to subject it to a referendum.

The calls came immediately after millionaire businessman Stuart Wheeler, a major Conservative Party donor, won permission from a senior judge to seek a judicial review.

He claims that he had "a legitimate expectation" that prime minister Gordon Brown would hold a public vote.

Mr Brown has refused on the grounds that the Lisbon Treaty, introduced after proposals for a EU constitution were voted down by the French and Dutch in 2005, would not alter the British constitution.

READ MORE

Rabinder Singh QC, appearing for Mr Wheeler, argued the rejected constitution and the proposed treaty were the same in all but name. He said the obligation to hold the promised referendum could not be avoided simply by a name change.

Mr Justice Owen, sitting at London's High Court, ruled that Mr Wheeler (73), who made more than £30 million (€38.3 million) from spread-betting firm IG Index, had "an arguable case" that should go to a full hearing in early June.

Mr Wheeler said he was "absolutely delighted" to win permission to launch his legal challenge.

"It's clear to me that we have a very, very strong moral case for a referendum, and what this hearing was about was whether we had an arguable legal case. But, from what I've seen of the judgment, not only do we have an arguable but a rather strongly arguable case."

A British Foreign Office spokesman said: "This decision simply means that there will be a hearing - it does not affect the outcome of the case. The threshold for what constitutes an arguable case at the permission stage of judicial review is low.

"Hardline Eurosceptics brought similar cases in respect of earlier European treaties, so this case is no surprise. Those challenges all failed.

"We are confident of the strength of our case on this occasion and look forward to putting our arguments before the court in more detail in due course."