This article is from the source 'bbc' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.

You can find the current article at its original source at http://www.bbc.co.uk/news/uk-36341839

The article has changed 7 times. There is an RSS feed of changes available.

Version 1 Version 2
EU referendum: Two Britons lose EU vote legal bid EU referendum: Two Britons lose EU vote legal bid
(35 minutes later)
Two Britons living abroad have lost their Court of Appeal battle over the right to vote in June's EU referendum.Two Britons living abroad have lost their Court of Appeal battle over the right to vote in June's EU referendum.
The legal challenge was brought by World War Two veteran Harry Shindler, 95, who lives in Italy, and lawyer and Belgian resident Jacquelyn MacLennan.The legal challenge was brought by World War Two veteran Harry Shindler, 95, who lives in Italy, and lawyer and Belgian resident Jacquelyn MacLennan.
Under law, UK citizens who have lived abroad for more than 15 years cannot vote.Under law, UK citizens who have lived abroad for more than 15 years cannot vote.
The pair took the case to the Court of Appeal after losing their application for a judicial review last month.The pair took the case to the Court of Appeal after losing their application for a judicial review last month.
Mr Shindler and Ms MacLennan had argued the in-out vote on EU membership, on 23 June, directly affected them.Mr Shindler and Ms MacLennan had argued the in-out vote on EU membership, on 23 June, directly affected them.
'First hurdle fallers'
In April, they asked High Court judges to declare that section two of the EU Referendum Act 2015, which established "the 15-year rule", unlawfully restricted their right to freedom of movement under EU law.
But the judges ruled that the section did not restrict their rights and rejected their application for judicial review.
They then took the case to the Court of Appeal, where a one-day hearing took place earlier this month. The appeal judges ruled on Friday that the case fell "at the first hurdle".
EU campaign latestEU campaign latest
EU vote: All you need to knowEU vote: All you need to know
UK stars back remaining in EUUK stars back remaining in EU
Students risk missing voteStudents risk missing vote
In April, they asked High Court judges to declare that section two of the EU Referendum Act 2015, which established "the 15-year rule", unlawfully restricted their right to freedom of movement under EU law. Lord Dyson, Master of the Rolls, said: "The claimants say that their exclusion from the franchise is an unjustified restriction on their EU right - EU law right - of free movement and contrary to their constitutional, common law right to vote.
But the judges ruled that the section did not restrict their rights and rejected their application for judicial review. "For the reasons set out in the judgements that are handed down, the appeals against the dismissal of their claims is dismissed. The court holds first that the 2015 Act does not fall within the scope of EU law at all, so that the claim fails at the first hurdle."
They then took the case to the Court of Appeal, where a one-day hearing took place earlier this month. He added that "the common law right to vote does not take precedence over an Act of Parliament" and refused permission to appeal to the Supreme Court.
'Arbitrary and undemocratic' Lawyers for the expats said they would still be taking the case to the Supreme Court on Tuesday however, and that permission to appeal - as well as the substance of the appeal itself - would be considered at the hearing.
The appeal judges ruled on Friday that "the common law right to vote does not take precedence over an Act of Parliament". Who is currently eligible to vote?
Lawyers for the expats say they will take the case to the Supreme Court, where proceedings are expected to begin on Tuesday. Those eligible can register to vote here.
Ms McLennan, 54, who is originally from Inverness but has lived in Brussels since 1987, told the BBC's Victoria Derbyshire programme she had "hoped for a different judgement".
She said: "The refusal to allow me and others in my situation to vote is an infringement of my EU rights."
She added that the result of the vote "would have a huge impact" on both her personal and professional life, and that she often returns to the UK to visit her parents and children, and for work.
"I feel very strongly that I ought to have a fundamental democratic right to vote in my country of citizenship," said Ms McLennan.
'Arbitrary'
Mr Shindler, originally from London, said: "I am still waiting for the government to tell us why British citizens in Europe can't vote in this referendum.Mr Shindler, originally from London, said: "I am still waiting for the government to tell us why British citizens in Europe can't vote in this referendum.
"The government had agreed to scrap the 15-year rule before the referendum bill was passed agreeing it was arbitrary and undemocratic.""The government had agreed to scrap the 15-year rule before the referendum bill was passed agreeing it was arbitrary and undemocratic."
Law firm Leigh Day, which represents the pair, argued that up to two million British citizens were being unlawfully denied the right to vote on membership of the EU.