Brexit: High Court agrees to hear arguments in legal challenge against government

British citizens who have lived in the EU for more than 15 years seek right to vote

The High Court has agreed to hear arguments from UK expats living in the EU who have been excluded from voting in the EU Referendum.

In March, Leigh Day announced they would bring a legal challenge against the UK government on behalf of up to 2 million claimants.

A 'rolled-up' hearing will take place later this month where permission to apply for a judicial review will be held. If successful, and permission is granted, a substantive hearing will follow immediately after.

The firm has expressed its wish for fast-track legislation to be put through parliament so that the referendum should not be delayed.

It will argue that, under the EU Referendum Act 2015, claimants are being denied the right to vote on the UK's continued membership of the EU.

The Conservative 2015 manifesto included the pledge to introduce votes for life, scrapping the rule that bars British citizens who have lived abroad for more than 15 years from voting. However, the government has not proposed any legislation to reverse the rule ahead of June 23.

Leigh Day will contend that excluding UK expats who have lived elsewhere in the EU for more than 15 years acts as a disincentive from, and a penalty for, their exercising their free movement rights.

The rule prevents them from participating in a democratic process, Leigh Day will argue, the result of which might bring to an end the very EU law rights on which they rely and base their working lives.

The claimants' lawyer, Leigh Day partner Richard Stein, believes a successful judicial review of the legislation should require the government to rush through amending legislation to change the franchise for the forthcoming referendum.

The firm will seek to rely on a precedent for fast-track legislation going through parliament in a matter of days.

The Data Retention and Investigatory Powers Act 2014 received Royal Assent on 17 July 2014 after being introduced before parliament three days earlier in response to a European Court decision that declared the Data Retention Directive as invalid.

Stein said: 'We believe the government has the time now to amend the franchise and empower the many expats who have lived outside the UK for over 15 years who want to vote on decisions, which will have a very real impact on their lives.

'This legal action should not delay the referendum; the Government should instead stand by its promises and give a "vote for life" to British citizens.'