UK News: A Legal Bid To Stop A No-Deal Brexit Is Going To Be Heard In Court - PressFrom - United Kingdom
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UK NewsA Legal Bid To Stop A No-Deal Brexit Is Going To Be Heard In Court

17:30  13 august  2019
17:30  13 august  2019 Source:   huffingtonpost.co.uk

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The initial hearing to determine how the legal challenge will proceed is due to take place before Lord Doherty later. The Commons Speaker John Bercow has said the idea of the parliamentary session ending in order to force through a no - deal Brexit is "simply not going to happen" and that that was

The initial hearing to determine how the legal challenge will proceed is due to take place before Lord Doherty later. The Commons Speaker John Bercow has said the idea of the parliamentary session ending in order to force through a no - deal Brexit is "simply not going to happen" and that that was

A Legal Bid To Stop A No-Deal Brexit Is Going To Be Heard In Court © ASSOCIATED PRESS Britain's Prime Minister Boris Johnson speaks during a roundtable to improve the criminal justice system, at 10 Downing Street in London, Monday, Aug. 12, 2019. (Daniel Leal-Olivas/Pool Photo via AP)

A judge has agreed to a fast-tracked hearing about whether Boris Johnson can legally suspend parliament to force through a no-deal Brexit.

A group of more than 70 MPs and peers is calling on the Scottish courts to rule that suspending parliament to allow the UK to leave without a deal would be “unlawful and unconstitutional”.

The anti-Brexit campaigners – which include MPs Jo Swinson (Liberal Democrats), Heidi Allen (Change UK) and Stella Creasy (Labour) – filed a petition at the Court of Session in Edinburgh, in an attempt to block the prime minister from being able to prorogue parliament.

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Another way to stop a no deal would be to halt Brexit altogether by revoking Article 50, the formal process for leaving the EU. The European Court of Justice (ECJ) is hearing a legal challenge on whether the UK can unilaterally revoke Article 50 without the consent of the other 27 member states.

The European Court of Justice has ruled the UK can do that on its own, without asking the other 27 countries, and But if the prime minister did decide to press on regardless, it may well be that the only way MPs could stop a no - deal Brexit at the last moment would be to vote down the government itself.

At a preliminary hearing on Monday, Lord Raymond Doherty agreed to expedite the timetable for the legal challenge to take place, setting the date for the substantive hearing for Friday September 6.

Doherty rejected the campaigners’ attempts to have the whole hearing before one court to speed up the process.

“It’s a case that requires expedition but there is a requirement for fairness to both sides,” he said.

Doherty announced that, under the accelerated timetable, a substantive hearing would take place on September 6 – nearly eight weeks before the Halloween departure date – with a preliminary hearing on September 4, if required to rule on any points of legal contention between the two sides.

The lawyer working for the campaigners, David Welsh, argued the case needed to be heard “swiftly” because any judgment that came after the date the Prime Minister has committed to leaving the EU “would be rendered academic by the passing of time”.

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How is the legal procedure triggered, how long does it take, and what do judges consider before making a ruling? The Supreme Court , in a case which had begun with a judicial review hearing in the High Court , ruled: "It would be inconsistent Bid to make no deal more difficult scrapes through.

“We are facing consequences of such extreme and severe nature that it’s important for the court to fulfil its role in ruling on the law and how it should be applied,” he said.

“There is ample evidence that the respondent will try to slow down as much as possible.”

A Legal Bid To Stop A No-Deal Brexit Is Going To Be Heard In Court © ASSOCIATED PRESS Boris Johnson

Although acknowledging the “exceptional circumstances” of the case, Doherty told Welsh he would be refusing the request for the whole case to be heard by just one court.

“I’m not in a position to say that this is a case to report to the inner house,” he said.

“I don’t doubt your intentions but these are the practicalities.”

Andrew Webster, acting on behalf of the advocate general, rejected the suggestion the government wanted to delay proceedings to make any judgment irrelevant if not made by the October 31 deadline.

The financial liability in the case was also set at £30,000 for each side, with the government’s lawyer persuading the judge to raise it from the £5,000 the campaigners wanted under a protective expenses order (PEO).

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A legal challenge to stop Boris Johnson forcing through a no - deal Brexit by suspending parliament has been allowed to proceed by the courts . The petition, backed by more than 70 MPs and peers and filed at the Court of Session in Edinburgh, was granted permission to be heard by a judge.

A legal challenge to try to prevent Boris Johnson shutting down parliament to force through a no - deal Brexit is to get under way later. The aim is to get the Court of Session in Edinburgh to rule that suspending parliament to make the UK leave the EU without a deal is "unlawful and unconstitutional".

Webster pointed out that, among the signatories of the legal challenge, were almost 70 MPs with combined parliamentary salaries of approximately £5.5 million.

“Any pain is likely to be shared, as it were,” the judge declared.

But he said: “On balance I am persuaded – given that parliamentarians are bringing a matter, in their view, that is being raised as a matter of public service – that it is unfair to consider their personal assets when coming to a view on whether a PEO is made.”

The legal papers, submitted by the Good Law Project acting on behalf of the politicians, state: “Seeking to use the power to prorogue Parliament to avoid further parliamentary participation in the withdrawal of the UK from the EU is both unlawful and unconstitutional.”

Warning that “the exercise of the power of prorogation would have irreversible legal, constitutional and practical implications for the United Kingdom”, the challenge calls for the court to declare that proroguing Parliament before October 31 would be both unconstitutional and unlawful by denying MPs and the Lords the chance to debate and approve the decision.

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A Legal Bid To Stop A No-Deal Brexit Is Going To Be Heard In Court © Ben Birchall - PA Images via Getty Images Lib Dem leader Jo Swinson is backing the court challenge
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