‘Unlawful Protocol’ dismissal ruling upheld by appeal court

The case was pursued in the names of unionists and Brexiteers from across the UK

14 March 2022

Appeals to a ruling against legal challenges to the lawfulness of Brexit’s Northern Ireland Protocol have been dismissed.

The Court of Appeal in Belfast heard appeals to the ruling last June by Mr Justice Colton rejecting arguments that the contentious post-Brexit trading arrangements breached the terms of the 1800 Acts of Union and the 1998 legislation that underpins the Good Friday Peace Agreement.

The action was pursued in the names of unionists and Brexiteers from across the UK, including former DUP leader Arlene Foster, former UUP leader Steve Aiken, TUV leader Jim Allister, Belfast Agreement architect Lord Trimble, former Brexit Party MEP Ben Habib and Baroness Hoey

An adjoined case was taken by Belfast pastor Clifford Peeples.

Appeals in both cases were dismissed.

Lady Justice Keegan said the overall conclusion is that they have determined none of the legal arguments prevail, and accordingly the appeals are dismissed and the decision of the trial judge affirmed.

An attempt to take the case to the Supreme Court is expected.

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