Millionaire Stuart Wheeler has won his battle to force a High Court review into whether the government should hold a referendum on the EU's Lisbon treaty.TELEGRAPH:
Prime Minister Gordon Brown has ruled out a public vote on the treaty, saying it does not alter the UK constitution.
But Mr Wheeler said a vote was promised on the EU constitution and says the Lisbon treaty is virtually identical.
The hearing will be on 9 and 10 June. The Foreign Office said they were "confident" of their case.
In March MPs voted by 346 votes to 206 to approve the EU (Amendment) Bill, after topic-by-topic debates over six weeks.
The Bill - which is now in the Lords - will ratify the Lisbon Treaty, which was drawn up to replace the EU constitution after that was rejected by French and Dutch voters in 2005.
Mr Wheeler, 73, a Conservative Party donor, said his legal challenge was "not trying to interfere with Parliament".
He claims voters had a "legitimate expectation" that a referendum would be held after one was promised in Labour's last election manifesto on the EU constitution.
His lawyer, Rabinder Singh QC, said the application for judicial review was based on "the underlying fundamental principles of good administration, fair play and straight dealing with the public".
Today judges ruled that the challenge can go ahead. The likely two-day court hearing could prove to be very embarrassing for ministers if internal Government memos and emails are revealed.THE TRIAL IS SCHEDULED FOR JUST BEFORE THE IRISH REFERENDUM ON JUNE 12 (TENTATIVELY)...
The legal challenge could also delay the ratification of the controversial treaty by months if court time is not granted shortly. Peers in the House of Lords are due to vote on the legislation later this month.
Mr Wheeler , who made his fortune from City spreadbetting firm IG Index, said: “I am absolutely delighted that we won the case.
“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.”
- IF THIS FAILS, THEN ALL HOPE OF PREVENTING EURABIA FROM BECOMING THE EUSSR HINGE ON THE IRISH REFERENDUM.
- EMBARRASSING FACTS WHICH MAY BE EXPOSED BY THIS TRIAL COULD AID THE CAUSE.
- FINGERS CROSSED.