Wheeler, R (on the application of) v Office of the Prime Minister & Anor

Wheeler, R (on the application of) v Office of the Prime Minister & Anor

The claimant has advanced an arguable case on all grounds: the issue of legitimate expectation is justiciable, does not violate parliamentary privilege, and it is arguable that the promise to hold a referendum extended to the Lisbon Treaty. Permission to apply for judicial review is granted.

Parties
Claimant: Mr John Stuart Wheeler; First Defendant: Office of the Prime Minister; Second Defendant: Secretary of State for Foreign and Commonwealth Affairs
Jurisdiction
England and Wales
Judgment Date
02 May 2008
Procedural Posture
Judicial Review / Permission Application
Outcome
Permission to apply for judicial review granted
Legal Topics
Legitimate Expectation, Judicial Review, Referendum, Parliamentary Privilege, Justiciability
Constitutional Law Administrative Law Public Law Legitimate Expectation Judicial Review Referendum Parliamentary Privilege Justiciability

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Parties

Mr John Stuart Wheeler

Claimant

Office of the Prime Minister

First Defendant

Secretary of State for Foreign and Commonwealth Affairs

Second Defendant

Procedural Posture

Judicial Review / Permission Application

Legal Issues

  1. 1 Whether the government's refusal to hold a referendum on the Treaty of Lisbon breached a legitimate expectation
  2. 2 Whether the claim is justiciable
  3. 3 Whether the claim violates parliamentary privilege

Ratio Decidendi

The claimant has advanced an arguable case on all grounds: the issue of legitimate expectation is justiciable, does not violate parliamentary privilege, and it is arguable that the promise to hold a referendum extended to the Lisbon Treaty. Permission to apply for judicial review is granted.

Court Disposition

Permission to apply for judicial review granted

Orders

  • Permission to apply for judicial review is granted to the claimant