Brexit: London businesswoman leading legal challenge against Theresa May sent 'death threats and personal attacks' court hears

Legal challenge: Ms Miller is facing death threats
AP
Chloe Chaplain13 October 2016
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A London businesswoman leading the legal challenge against Theresa May’s Brexit strategy has been plagued with “abuse, threats and insults”, the High Court has heard.

Gina Miller is the lead claimant in “one of the most important constitutional cases in generations” and is arguing the Prime Minister has no legal power to trigger Article 50, pulling Britain out of the EU, without the prior authorisation of Parliament.

But the investment fund manager and philanthropist has been faced with personal attacks for her part it the legal challenge.

Lord Pannick QC, speaking on Ms Miller’s behalf, today told the court his client received further "abuse, threats and insults".

Legal battle: Gina Miller returns to High Court to challenge Government's powers to start Brexit
AFP/Getty Images

The QC asked Lord Thomas, the Lord Chief Justice, to repeat public warnings given by a judge at an earlier hearing that such abuse was entirely inappropriate and in extreme cases could amount to contempt of court.

Lord Thomas responded, saying: "This is a point of law being taken. Although it has political consequences, the point is not a political one."

Ms Miller is leading a historic legal action with several other applicants opposing the use of Article 50.

Asked outside court what kinds of threats she had been receiving, Ms Miller said: "Death threats - not pleasant is it?"

Prime Minister: Theresa May has said Article 50 will be triggored in March
REUTERS

Her case is backed by People's Challenge, which claims the backing of thousands of supporters, Fair Deal for Expats, and a group referred to as "the AB Parties" that say they represent "ordinary, poor or otherwise vulnerable" people and their children whose fundamental human rights and stability are at stake.

Lord Pannick has argued the Government lacked legal power to use the royal prerogative to notify Article 50 and begin the process of removing statutory rights granted to UK citizens under the European Communities Act 1972, which made EU law part of UK law.

He said: "The issue in this case is not whether this country should remain a member of the EU, or leave the EU. The question is a much narrower, but important question.

"The question is whether the Government may take action unilaterally to notify, or whether it needs parliamentary approval to do so."

High Court: Campaingers have been demonstrating outside the court
PA

He added: "Many of the rights that Ms Miller and others currently enjoy will be removed if the notification is given - for example, Ms Miller's right to free movement, her right to free movement of goods, her right to freedom of services across Europe."

But Government lawyers are arguing that if Ms Miller and her supporters' legal challenge succeeds, the Government "could not give effect to the will and decision of the people, as clearly expressed in the referendum, to withdraw from the EU without further primary legislation".

Attorney General Jeremy Wright, the Government's leading law officer, is at the centre of the legal battle.

He has stated: "The country voted to leave the EU in a referendum approved by Act of Parliament.

"There must be no attempts to remain inside the EU, no attempts to rejoin it through the back door, and no second referendum.

"The result should be respected and the Government intends to do just that."

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