EUROSCEPTIC millionaire Stuart Wheeler lost his High Court battle today over the Government's refusal to hold a referendum on the EU's Lisbon Treaty.
Two judges rejected his claim that he had a "legitimate expectation" that there would be a public vote.
The spreadbetting tycoon's lawyers argued that the expectation arose after Government ministers promised a referendum on the failed EU constitu
tion which the treaty replaces.
They said the evidence showed that the Constitutional Treaty – rejected by voters in France and the Netherlands in 2005 – and the Reform Treaty (the Lisbon Treaty) were one and the same, except in name.
But today Lord Justice Richards and Mr Justice Mackay dismissed his application for judicial review at the High Court in London.
Mr Wheeler, 73, says he believes the Lisbon Treaty is "dead" anyway as a result of its rejection in the referendum in Ireland, but ministers in London have refused to halt the ratification process.
The court refused Mr Wheeler permission to appeal, which his lawyers sought on the grounds of the "serious legal, constitutional and public interest issues arising in the case".
Lord Justice Richards said: "We are satisfied that an appeal has no prospect of success.
"Whilst the issues raised are interesting and important, that is outweighed by the desirability of certainty and the avoidance of unnecessary delay in this matter.
"There is no other compelling reason why an appeal should be heard."
Mr Wheeler still has the right to apply to the Court of Appeal for permission to challenge today's ruling.
Europe Minister Jim Murphy welcomed the judgment: "I am pleased that the judges have come down very clearly on the side of the Government and found that this claim 'lacks substantive merit and should be dismissed'.
"The judges have confirmed the Government's position that the Lisbon Treaty differs in both form and substance from the defunct Constitution.
"The judges have also made a number of important points about the boundaries between Parliament, Government and the courts.
"With Parliament's approval, the Government is proceeding to ratify the Lisbon Treaty, which is in our national interest and is a good treaty for the UK."
The full article contains 363 words and appears in The Scotsman newspaper.
