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Two Britons living in Italy and Belgium will make a final bid on Tuesday to overturn the rule banning them from taking part in the UK’s EU referendum, after the Court of Appeal refused their appeal.

Lawyers for Harry Shindler and Jacquelyn MacLennan have obtained a hearing at the UK’s highest court, the Supreme Court, on Tuesday. They will ask permission to appeal to the court and, if accepted, their arguments will be heard immediately.

This comes after Court of Appeal judges today said they were not convinced by the Britons’ case, which included arguing that the 15-year limit on votes for British expats represents a restriction to their EU free movement rights.

This judgement was handed down today after a hearing on May 9, during which the lawyers had sought to contest an original unfavourable decision by the High Court last month.