Shindler & Anor v Chancellor of the Duchy of Lancaster & Anor

Shindler & Anor v Chancellor of the Duchy of Lancaster & Anor

Section 2 of the EU Referendum Act 2015 does not fall within the scope of EU law because Article 50 TEU expressly provides that withdrawal is governed by domestic constitutional requirements. Even if EU law applied, the 15 year rule does not constitute a restriction on the right of free movement as it is too indirect, uncertain, and insignificant to deter or dissuade British citizens from exercising that right. There is no common law right to vote that overrides the clear terms of the 2015 Act.

Parties
Appellants: Shindler & Anr; Respondents: Chancellor of the Duchy of Lancaster & Anr
Jurisdiction
England and Wales
Judgment Date
20 May 2016
Procedural Posture
Civil Appeal / Appeal From High Court (divisional Court) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Right to Vote, EU Referendum, Free Movement, Constitutional Requirements for Withdrawal, Statutory Interpretation
Constitutional Law European Union Law Administrative Law Right to Vote EU Referendum Free Movement Constitutional Requirements for Withdrawal Statutory Interpretation

Case Brief

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Parties

Shindler & Anr

Appellants

Chancellor of the Duchy of Lancaster & Anr

Respondents

Procedural Posture

Civil Appeal / Appeal From High Court (divisional Court) to Court of Appeal

Legal Issues

  1. 1 Does section 2 of the EU Referendum Act 2015 fall within the scope of EU law?
  2. 2 Does the 15 year rule interfere with the right of free movement under EU law?
  3. 3 Is there a common law constitutional right to vote overriding the 2015 Act?

Ratio Decidendi

Section 2 of the EU Referendum Act 2015 does not fall within the scope of EU law because Article 50 TEU expressly provides that withdrawal is governed by domestic constitutional requirements. Even if EU law applied, the 15 year rule does not constitute a restriction on the right of free movement as it is too indirect, uncertain, and insignificant to deter or dissuade British citizens from exercising that right. There is no common law right to vote that overrides the clear terms of the 2015 Act.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; section 2 of the EU Referendum Act 2015 upheld; no declaration of unconstitutionality granted.