Stuart Wheeler, a major Conservative Party donor, claimed recently at London's High Court that he had "a legitimate expectation" that Gordon Brown would hold a vote.

The Government's decision to "resile from their promise" should be declared unlawful, he said.

Rabinder Singh QC, applying on behalf of Mr Wheeler for permission to seek judicial review, said the application was based "on the underlying fundamental principles of good administration, fair play and straight dealing with the public".

The Government had given an "unequivocal and repeated" promise to consult the British people on whether the UK should ratify the Constitutional Treaty, the substance of which was replicated in the Lisbon Treaty, it is claimed.

Philip Sales QC, appearing for the Office of the Prime Minister, said Mr Wheeler's case was "not properly arguable".

He said Mr Brown and Foreign Secretary David Miliband denied that any representation had been made amounting to a promise that a referendum would be held.

Mr Wheeler's claim was "misconceived on several grounds", including the fact that ratification of an international treaty was not a matter open to challenge in the High Court.

Mr Wheeler, 73, made more than £30 million from IG Index, the spread betting firm.

He has raised £150,000 from 150 donors to pay for the High Court challenge.