Mr Shindler lost his claim before the European Court of Human Rights in 2013, but this week he is reviving his application before the High Court in relation to the 2015 EU Referendum Act.

The EU Referendum Act 2015 is said to be based on legislation for UK parliamentary general elections.  However, it gives a right to vote in the EU referendum to members of the House of Lords, as well as to Irish and Commonwealth citizens who are resident in Gibraltar. None of them are allowed to vote in UK general elections.

It is contended on behalf of Mr Shindler that the people arbitrarily excluded under the 2015 Act are UK citizens who are among those most likely to be affected by the decision taken by voters in this referendum. Therefore, not to allow them to vote on the decision whether the UK remains part of the EU is unlawful.