In this claim for judicial review, the Applicants contend that the Respondent's decision to notify and the notification itself were unlawful because they were based upon the result of a referendum that was itself unlawful as a result of corrupt and illegal practices, notably offences of overspending committed by those involved in the campaign to leave the EU. Alternatively, it is said that the Respondent erred in law in not responding to the subsequent evidence of those practices as it emerged.
On 10 December 2018, following a full day's hearing, Ouseley J refused permission to proceed with the judicial review on the basis of both delay and want of merit, and ordered the Applicants to pay the Respondent's costs summarily assessed in the sum of £17,256.
The Applicants applied for permission to appeal that Order. That application came before this court on 21 February 2019 when, after hearing substantial argument, we indicated that we would refuse permission to appeal on all grounds and would give our reasons at a later date. In this judgment, I set out my reasons for that refusal.