Ex-pats allowed to appeal EU referendum voting bar decision

Two British citizens who have been resident elsewhere in the European Union for more than 15 years have been given permission to appeal a High Court ruling upholding their exclusion from voting in the referendum on the UK's future membership of the EU.

Jacquelyn MacLennan, a Scottish solicitor living and working in Belgium, and World War 2 veteran Harry Shindler, who lives in Italy, claimed that s 2 of the European Union Referendum Act 2015, which imposed the 15 year cutoff point, unlawfully restricted their right to freedom of movement under EU law. 

Last week the Divisional Court rejected their claim that the provision amounted to a restriction on their freedom of movement, and found that in any event the rule was objectively justified and one on which the view of Parliament should be given respect (click here for report). 

Leigh Day, their solicitors, are seeking an expedited hearing at the Court of Appeal ahead of the poll on 23 June. The UK Government has said it will not be possible to hold the vote on that day if the action succeeds.