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| British expats will not be able to vote in EU referendum, high court rules | British expats will not be able to vote in EU referendum, high court rules |
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| Expats will not be able to vote in the EU referendum, the High Court has ruled. | Expats will not be able to vote in the EU referendum, the High Court has ruled. |
| The decision means that around two million Brits living elsewhere in Europe will be denied their say in whether the country should remain or leave in the EU on 23 June. | |
| The legal challenge was brought by 94-year-old Second World War veteran Harry Shindler, who lives in Italy, and Belgian resident Jacquelyn MacLennan. | |
| They argued that they were being illegally denied the chance to vote in the referendum because they had lived in other European countries for more than 15 years. | |
| They asked two judges sitting in London's High Court to declare that Section 2 of the EU Referendum Act 2015 - which establishes “the 15-year rule” for overseas electors - unlawfully restricted their right to freedom of movement under EU law. | |
| But Lord Justice Lloyd Jones ruled that it did not restrict their rights and rejected their application for judicial review. | |
| The ruling will come as a blow to expats who fear that a referendum decision in favour of Brexit could disrupt their lives. | |
| The court heard that “a very substantial number” of the estimated two million Britons living and working in Europe are being disenfranchised. | |
| Lawyers acting for the expats confirmed they will now seek leave to appeal directly to the UK's Supreme Court. | |
| Richard Stein, from law firm Leigh Day, said: “We now intend to take the legal battle to the Supreme Court, the highest court in the country, so that all British citizens living elsewhere in the EU can be part of the democratic process to vote in this referendum, which will have a very real impact on their lives. | |
| “We believe that there is precedent for fast-track legislation being put through Parliament in a matter of days in response to court judgment, so there would be no need for the referendum to be delayed if the Supreme Court rules in our favour. | |
| “Since this is a vote in a referendum rather than in an election there is no need to link the votes of Britons in Europe to any particular constituency in the UK. | |
| “Possession of a British passport should be enough.” | |
| Ms MacLennan said: “The Government made a manifesto commitment to enfranchise all British citizens, no matter how long they have been abroad, saying that they thought that 'choosing 15 years, as opposed to 14 or 16 years, is inherently like sticking a dart in a dartboard' and that 'if British citizens maintain British citizenship, that brings with it rights, obligations and a connection with this country, and that that should endure'. | |
| “We just want the Government to keep its promises.” | |
| A Cabinet Office spokeswoman added: “The Government welcomes the ruling of the High Court in this case. | |
| ”The franchise for the EU referendum was debated, considered and agreed by both Houses of Parliament and is enshrined in law.“ | |
| Additional reporting by PA |