Good Law Project succeeds before the Divisional Court – Press Release

The Good Law Project was today given permission by two senior judges to challenge the Electoral Commission’s regulation of EU Referendum and election spending [1].

The case centres on substantial last-minute ‘donations’ by Vote Leave in the last days before the Referendum vote. £625,000 was spent with Aggregate IQ, allegedly by a Brighton fashion student, Darren Grimes. Aggregate IQ was a then-obscure Canadian firm based above an opticians’ shop in Victoria, British Columbia but has since been linked to Cambridge Analytica [2].

Vote Leave says it donated the £625,000 to Darren Grimes and that the sum does not count as Vote Leave’s spending. The Good Law Project disputes this. It says that even if Vote Leave donated the £625,000 to Darren Grimes it counts as Vote Leave’s spending. If the £625,000 is included in Vote Leave’s return, it will have exceeded the statutory spending cap.

The Divisional Court has said that the Good Law Project’s arguments raise “a point of general public importance” and “merit closer consideration” and meet the judicial review threshold test of being “arguable”.

Vote Leave admits on its own spending return to incurring a further £3m of expenditure with Aggregate IQ. Alongside Darren Grimes and Vote Leave, Veterans for Britain and the DUP also incurred substantial spending with Aggregate IQ.

The pattern of spending closely matches a plan in an email sent by Steve Baker MP, lobbying for Vote Leave to win the official Leave campaign designation the Referendum, to supporters [3].

The matter will be listed for a full hearing no later than mid-July, in advance of any referendum on the final deal.

Good Law Project founder, Jo Maugham QC said:

“The approach adopted by the Electoral Commission is very likely wrong in law. It blows apart the spending caps imposed by Parliament and renders our democracy a poor captive of those with endless funds to spend on Facebook advertising. We are delighted the Divisional Court recognises that our arguments raise “a point of general public importance” and “merit closer consideration” and are “arguable”.”

The matter will be listed for a full hearing no later than mid-July, in advance of any referendum on the final deal.

Notes:

[1] https://www.dropbox.com/s/boketm5ogzo2q0r/CO-4908-2017%20-%20R%20%28The%20Good%20Law%20Project%29%20v.%20Electoral%20Commission%20-%20Final%20Judgment.doc?dl=0

[2] https://www.theguardian.com/technology/2017/may/07/the-great-british-brexit-robbery-hijacked-democracy

[3] https://www.thetimes.co.uk/article/brexit-groups-plot-to-break-campaign-spending-limit-k86qwrc7w