Retired doctor warns Theresa May of fresh court challenge over Brexit
Dr Andrew Watt has sent a letter before action - usually the first step in taking disputes to court - to the Prime Minister, arguing that Section 2 of the European Union Act 2011 requires a referendum
Theresa May has been warned of a fresh challenge in the courts over Brexit by a retired Scottish doctor who claims the law requires there to be a second referendum on any withdrawal agreement.
Dr Andrew Watt has sent a letter before action - usually the first step in taking disputes to court - to the Prime Minister, arguing that Section 2 of the European Union Act 2011 requires a referendum before the UK can ratify any treaty that amends or replaces the EU or the functioning of the EU.
The Act was designed to trigger a referendum in the event of a new EU treaty which would transfer powers to the bloc from the UK.
But Dr Watt highlighted a section of the legislation which sets out that there must be a referendum if there is the “conferring on an EU institution or body of power to impose a requirement or obligation on the United Kingdom, or the removal of any limitation on any such power of an EU institution or body”.
He said a separate line - providing for a referendum if the EU is given the power to impose sanctions on the UK - could also apply if the bloc is able to erect tariffs on UK goods and services.
Dr Watt said: “The Prime Minister has refused to hold a further referendum on withdrawal from the European Union. She has overlooked the fact that Section 2 of the European Union Act 2011 requires a referendum before the United Kingdom can ratify any withdrawal or related trade agreement with the European Union.
“The Prime Minister's failure to recognise the legal requirement for a further referendum means that she is at high risk of running out of time in the negotiations with the European Union.”
He added: “I have asked the Prime Minister to respond formally by Friday May 12.
“Once I have her response I can decide which of the legal issues in the letter before action should be pursued in the High Court. At that time I expect to seek to raise funds by crowdfunding or other means to enable this important legal action to go ahead.”