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Jolyon Maugham Twitter

British lawyer to mount Brexit challenge in Irish High Court

He’s trying to raise €83,000 online to do it.

A BRITISH LAWYER has launched a crowdfunding campaign to challenge Article 50 – the process of the UK leaving the European Union – in the Irish High Court.

Jolyon Maugham QC, who is based in London, had campaigned against Brexit.

He launched the online campaign tonight and is hoping to raise £70,000 (about €83,000) to cover the costs of an action in the High Court here. It will aim to establish whether an Article 50 notification sent by the UK would be revocable at a future date.

The defendants would be the Irish State, the European Council and the European Commission and the plaintiffs would be UK MEPs.

On Wednesday, MPs backed a vote to trigger Article 50 by next March.

A statement released by Maughan tonight said: “The claim alleges that Article 50 may, in fact, already have been triggered. If it has been triggered then the Commission is in breach of its Treaty duties through wrongly refusing to commence negotiations with the UK. But if it has not, the Council and Irish State are in breach of their Treaty duties in wrongly excluding the United Kingdom from Council meetings.

“The plaintiffs will say that they suffer a prospective deprivation of their rights associated with these breaches. And that to resolve these disputes it will be necessary to refer certain questions to the Court of Justice of the European Union.”

‘People deserve answers’ 

Speaking about his decision to launch the campaign, Maugham said:

“Put aside the legal niceties, what no one can dispute is that there are incredibly important questions to answer.

Should Parliament control the terms on which we Brexit? Could we have a referendum on the final deal – or is the consequence of triggering Article 50 that we will leave the EU whatever the terms? By triggering Article 50, does the UK also leave the EEA, or is there a separate decision to make about whether we remain in the European Economic Area and Single Market?

“Everyone – those who voted leave and remain; the people and government of Ireland – deserves to know the answer to these questions. People must plan their lives. Businesses need certainty to invest.

“The people of Ireland are entitled to a government that can work for the best possible future for Ireland. It’s right that we all have the maximum certainty that the law can give. And referring these questions to the Court of Justice of the European Union is the only way to deliver that certainty.”

Read: Brexit has led to ‘a tsunami’ of new solicitors in Ireland from the UK

Read: Theresa May has scored a symbolic win in her plan for a speedy Brexit

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    Mute The Animal
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    Aug 6th 2014, 9:31 AM

    Americans must be pretty stupid if Apple thinks people will confuse a Samsung phone with an iPhone…The screens on the Samsung notes are massive…. All the igeeks would wet themselves if an iphone with a similar size screen became a reality…

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    Mute Roger Rabid
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    Aug 6th 2014, 9:44 AM

    If Americans are stupid, imagine how stupid Irish people must be

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    Mute Cpm
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    Aug 6th 2014, 9:52 AM

    It will become a reality, there will (supposedly) be two different models, one with 4.7″ screen in September/October, and another 5.5″ screen later on in the year. The larger one obviously won’t be Apple copying the phablet class of device, as created by Samsung.

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    Mute Ablitive
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    Aug 6th 2014, 9:59 AM

    Americans believe in everything that they see on their television set.

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    Mute punt77
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    Aug 6th 2014, 10:39 AM

    I’m sorry but that comment was moronic. Do you think patent laws come down to what un-technical people might see in front of them that looks like something else??

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    Mute Stephen Earle
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    Aug 6th 2014, 11:13 AM

    The court cases in the US relate to much earlier model phones not the current crop.

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    Aug 6th 2014, 11:15 AM

    Yes, these cases do drag on. It makes zero difference to the unethicality (I just made up a word!) of Samsung.

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    Mute Hung Xi
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    Aug 6th 2014, 12:21 PM

    An iPhone with a bigger screen lol. For years I’ve heard people say the screens on the Galaxy’s were too big and Apple had it just right. What will these numpties say when a big screen iPhone comes out? No doubt it will be something like Apple are innovative.

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    Aug 6th 2014, 12:37 PM

    “For years I’ve heard people say the screens on the Galaxy’s were too big and Apple had it just right.What will these numpties say when a big screen iPhone comes out? No doubt it will be something like Apple are innovative.”

    I will be a direct quote of something Tim Cook says at the launch, a soundbite, something like “it’s the sweet spot of large screen formats” – the way they currently do with this whole “it just works” mantra.

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    Aug 6th 2014, 9:37 AM

    It’s not the size that counts its How you use it

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    Mute Cpm
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    Aug 6th 2014, 10:06 AM

    Your wife is so sweet to you!

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    Mute yo
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    Aug 6th 2014, 10:30 AM

    Say your boyfriend loves u

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    Mute Stephen Earle
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    Aug 6th 2014, 11:18 AM

    Oh, how droll

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    Mute Ablitive
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    Aug 6th 2014, 9:42 AM

    Both these companies should be concerned about China’s up and coming smart phones.

    http://www.businesskorea.co.kr/article/5763/chinese-smartphones-chinese-smartphone-makers-targeting-korean-market

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    Aug 6th 2014, 11:17 AM

    Apple are not concerned. They still sell more than enough at their desired price and are not interested in the cheap end of the market, why should you when your profit fir the last quarter was around 9 billion on a turnover of 37 billion. 37% profit approx. Worry, Apple lol

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    Aug 6th 2014, 9:53 AM

    Samsung are some dirty operators. I’ll never buy one of their products again.

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    Aug 6th 2014, 10:22 AM

    …the forbidden fruit logo says enough about Apple.

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    Aug 6th 2014, 10:43 AM

    Not really. Have a read of Samsung’s background. They’ve been up to dirty tricks – massive world-wide price fixing (it’s down to Samsung that we pay so much for technology because they fixed with the competition to keep production down and prices up) – they’ve been fined numerous times for this, they’ve paid out billions in fines over the years. Bribery on a massive scale. Wholesale stealing of patents. It’s the way they do business: steal the patent’s technology, put out a product, get sued, counter-sue, thus tying everyone up in litigation for years, then settle out of court. They put Kodak out of business basically by stealing their technology. Not just Kodak, lots of companies and thousands of people are out of work because of the way Samsung does business.

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    Aug 6th 2014, 10:47 AM

    http://www.vanityfair.com/business/2014/06/apple-samsung-smartphone-patent-war

    Read this for background – it explains very well the kind of tricks Samsung get up to that end up with us all paying more than we should.

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