UK News: Scottish court to decide whether Boris Johnson can be jailed over no-deal Brexit - - PressFrom - United Kingdom
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UK News Scottish court to decide whether Boris Johnson can be jailed over no-deal Brexit

18:20  01 october  2019
18:20  01 october  2019 Source:   scotsman.com

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Scottish Conservative MSP Adam Tomkins, a former law professor, said Boris Johnson must resign rather than break the law by forcing through a no - deal Brexit , while Lord MacDonald, the former director of public prosecutions, said if Johnson refused to request an extension he could be found in

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A judge has fixed a date for proceedings in which Scotland’s highest civil court will consider whether it can imprison the Prime Minister if he pursues a ‘no-deal’ Brexit.

a man wearing glasses © Provided by Johnston Publishing Ltd

Lord Pentland arranged a hearing to take place this Friday at the Court of Session for a legal action brought by SNP MP Joanna Cherry, English lawyer Jo Maugham QC and businessman Dale Vince.

Boris Johnson wearing a suit and tie © Provided by Johnston Publishing Ltd

The trio want the court to grant an interdict that would stop Boris Johnson from not complying with the terms of the recently passed Benn Act.

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It will decide whether parliament, the law and public opinion can hold the prime minister, Boris Johnson Last Wednesday Johnson ’s response to the supreme court judgment suggested he had no He would patch up the May deal , meet Dublin’s concerns over a future border and achieve EU

The prime minister, Boris Johnson , could be removed as early as next week under plans being drawn up by opposition party leaders. “We have to do that because there is now no confidence that the prime minister will obey the law and seek the extension that parliament voted for only a few weeks

The legislation, which was introduced by Labour MP Hilary Benn, was passed by Parliament following claims the PM would ignore the wishes of elected politicians and deliver a no-deal Brexit.

The petitioners who brought the case to the Edinburgh court want judges there to consider fining or imprisoning Mr Johnson in the event of him disregarding the Benn Act.

The new case is running alongside another set of proceedings - the so called Nobile Officium action. The Nobile Officium is an action that is not available to courts in England and Wales.

In that action, the same petitioners - Ms Cherry, Mr Maugham, and Mr Dale - are asking the court to sign a letter to European leaders requesting a Brexit extension in the event Mr Johnson refuses to do so.

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What's happening with Brexit ? Boris Johnson 's decision to suspend the UK Parliament for more than a month has been ruled unlawful by Scotland 's The appearance will be especially interesting, given that Johnson could decide to discuss the Scottish courts ' decision that found his prorogation of

Boris Johnson could be ordered by a Scottish judge to delay Brexit after pro-remain campaigners secured an emergency court hearing this Friday. The campaigners have asked the court of session in Edinburgh to issue an injunction or interdict, which would force the prime minister to ask the EU for an

Petitioners 'forced' into legal action

The petitioners in the case say they have been forced to take legal action because Mr Johnson has said he would rather “die in a ditch” than push back the leaving date beyond 31 October this year.

The petitioners originally included the request for interdict in the Nobile Officium action, which they raised in the Court of Session last month.

However, since then, the petitioners have taken out the request for the order and included it in the new action which they have raised.

According to legal papers lodged with the court last month, the petitioners wanted the court to pass orders.

The papers stated: “To interdict the Prime Minister and any other minister of the Crown in right of the United Kingdom and anybody acting on their behalf or at their request from withdrawing, cancelling or otherwise undermining the effect of any letter sent in accordance with section 1 (4) for the European Union (Withdrawal) (No.2) Act 2019;

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Johnson also vowed not to resign despite last week's Supreme Court ruling that his decision to suspend Parliament for five Boris Johnson will give the keynote speech at this week's Conservative Party conference in Manchester. Corbyn now has the backing of the Scottish National Party (SNP) to form an emergency government if Brexit : Ireland doubts Boris Johnson can do a deal with EU.

Boris Johnson is whipping up fears of rioting and deaths on the streets if Brexit is not delivered by Senior Labour sources played down suggestions by the Scottish National Party that the opposition Only a referendum will sort out Brexit .” On Saturday the Liberal Democrats announced that Dr Phillip

“In the event that the Prime Minister fails, delays or refuses to sign the letter required of him by the European Union (Withdrawal) (No.2)) Act 2019 and in accordance with this court’s order for the specific performance of the Prime Minister’s statutory duties to make orders to the following effect in the exercise of this court’s nobile officium; a) ordaining that a letter in the form set out in the schedule to the European Union (Withdrawal) Act 2019 to be drawn up and signed by the clerk of court on behalf of the Prime Minister b) ordaining that a letter so signed be sent to the President of the European Council.

“To impose such other conditions and other penalties including fine and imprisonment, where consistent with the European Union (Withdrawal) no.2 Act 2019 as to the court shall in all the circumstances seem proper and appropriate in the event of the order not being implemented.”

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Aidan O’Neill QC, acting for the petitioners, has asked the court to order the government to lodge their response to the latest legal action within 24 hours.

However, the government’s lawyer Ruth Crawford QC told the court the action contained issues of “legal and constitutional” importance.

She said the government needed more time to prepare their responses.

Ms Crawford added: “The respondents received the petition yesterday by email at 12:16pm. Given the significant legal and constitutional issues in this case and the profound impact that these issues have on the public, it is extremely difficult for the government to locate answers within 24 hours.”

Lord Pentland gave the government 48 hours to lodge their answers. The case will be heard at 11am on Friday qnd the court is expected to rule on whether the remedies begin sought by the petitioners can be granted.

The nobile officium action is expected to be heard next week by judges sitting in the Inner House of the Court of Session.

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