"Many Photos" - English Democrats begin court battle to prove UK has already left EU

Robin Tilbrook, pictured, has launched a High Court battle claiming that the UK has already left the EU

The leader of the English Democrats has launched a High Court battle claiming that the UK has already left the EU. 

Robin Tilbrook argues that Britain left the union on March 29 as originally planned, saying the PM's extension was not legally valid.

The legal bid will be seen as a Brexiteer equivalent to Gina Miller's battle with the Government over triggering Article 50 in 2016. 

Speaking to MailOnline last night Mr Tilbrook said the argument that Britain had already left was 'very strong'. 

In the judicial review application, the English Democrats argue that Mrs May did not have the power to extend the exit date past March 29. 

'Her purported request for an extension of the date of departure and the Government's purported agreement to such an extension is and was unlawful and is and was null and void,' the legal argument reads. 

Parliament's website asserts that the Commons and Lords agreed a legally valid extension to the original date.  

Mr Tilbrook said: 'What we're hoping to achieve with it is a declaration that we're already out. If you've read it, you can see that the argument's very strong. 

'We've done it all, we started a month or so ago. We've served all the paperwork in advance and we've issued it today. 

'I fully expect it to be heard fairly soon. I've asked the High Court for it to be heard on an expedited basis. I think the argument's strong that we're out.

The English Democrats argue in their legal application that Theresa May (pictured last night) did not have the power to extend the exit date past March 29

'The Government's proceeding on the basis that we're still in. We're saying that's not the case. If there's a declaration from the High Court that we're out, the Government's got a new reality to deal with.' 

The legal argument was posted online next to a donation button for the English Democrats but Mr Tilbrook insisted the High Court battle was 'not an electioneering position'.

He said: 'What we're trying to do is we're trying to raise money, obviously bringing a case like this is enormously expensive and we're trying to raise money for the case.

'We asked people to help us to bring a case, we have brought a case and we're going to pursuit it.

'The whole point of our case is that we're out. This isn't an electioneering position, this is a legal case.

'We're all pretty confident that our legal case is a strong one.'

If the case is successful then the UK will be outside the EU on WTO trading terms, Mr Tilbrook said.

The legal bid will be seen as a Brexiteer equivalent to Gina Miller's battle with the Government over triggering Article 50 in 2016 (pictured, Ms Miller in London last week) 

He went on: 'I don't think from a standing start people on the Leave side were arguing for leaving on WTO terms. 

'What we thought we would get if we negotiated properly was some sort of arrangement and agreement with the EU. 

'But the negotiations have been conducted in a way that I'd certainly hope any provincial solicitor would have done a better job of it.' 

Gina Miller launched her high-profile legal challenge in 2016, saying that Parliament had to approve the triggering of Article 50. 

The High Court and later the Supreme Court both found in her favour, forcing MPs to vote on the formal start of the Brexit process. 

Ms Miller has since become a prominent advocate of a second referendum on Brexit.  

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News Photo English Democrats begin court battle to prove UK has already left EU
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