UK News: Brexit: Court of Session continues legal challenge until after October 19 deadline - PressFrom - United Kingdom
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UK News Brexit: Court of Session continues legal challenge until after October 19 deadline

16:20  09 october  2019
16:20  09 october  2019 Source:   scotsman.com

Brexit: Court of Session urged to prepare letter asking for Article 50 extension

  Brexit: Court of Session urged to prepare letter asking for Article 50 extension Campaigners have called upon the Court of Session to use an extraordinary legal power to prepare a letter requesting a Brexit extension in case Boris Johnson tries to circumvent the terms of the Benn Act. © Provided by Johnston Publishing Ltd Lawyers representing SNP justice spokeswoman Joanna Cherry, legal expert Jo Maugham and businessman Dale Vince, argued the Prime Minister could not be trusted to stick to the terms of legislation passed by opposition MPs last month.

Boris Johnson has until October 19 to get a Brexit deal done; the courts will step in on October 22. Campaigners argued that leaving a ruling until after October 19 would cause "massive" legal uncertainty; to wait until the deadline had passed would spark serious administrative and practical

The Scottish Court of Session has dismissed a legal challenge , refusing to order Prime Minister Boris Johnson to seek an extension beyond the 31 October Brexit deadline . If the prime minister fails to bring forward an agreement, then he is required to seek an extension before 19 October .

A legal challenge aimed at forcing Boris Johnson to stick to the Benn Act has been temporarily postponed to allow time to see if the Prime Minister will meet its October 19 deadline.

a group of people posing for the camera © Provided by Johnston Publishing Ltd

Three judges at Scotland’s highest civil court ruled today there was currently no basis on which they could grant either of the pro-Remain campaigners’ requests, and that ordinarily, they would have been refused.

But in their statement, the judges added that the political debate must be played out before they could make any final decision. The case has now been continued so that campaigners do not have to start new proceedings if circumstances change.

Judges hear arguments in Brexit case

  Judges hear arguments in Brexit case Campaigners appealed after a legal action aimed at forcing Boris Johnson to request a Brexit extension if no withdrawal deal is reached was dismissed.Campaigners lodged an appeal at the Court of Session in Edinburgh after the dismissal of a legal action aimed at forcing Boris Johnson to request a Brexit extension if no withdrawal deal is secured with the EU by October 19, under the terms of the so-called Benn Act.

4 October - The Court of Session in Edinburgh starts to hear a case from Remain supporters who want a legal guarantee that if there is no deal on Brexit Mr Johnson will write a letter to the EU requesting an extension to the deadline . 4 October - During that hearing papers are lodged at the

It comes after leaks from the European Commission showed major concerns from the EU about the UK's Brexit proposals. Mr Johnson has said the UK will leave the EU on the Brexit deadline of 31 October , with or without a deal. But under legislation passed by MPs last month known, as the Benn

Lord Carloway, Lord President of the Court of Session, said: “Until the time for sending the letter arrives the Prime Minister has not acted unlawfully.

“If October 19 comes and goes without the act having been satisfied the petitioners would be entitled to return to court asking for the Prime Minister to have to comply with the act.

“The situation remains fluid. What is known is that over the next two weeks circumstances will change.”

READ MORE: Court of Session urged to prepare letter asking for Article 50 extension

He continued: “The court can only intervene if there is a demonstrable unlawfulness which it requires to correct. There has been no such unlawfulness.”

Under the terms of the Benn Act, which was passed by opposition MPs last month, Mr Johnson must request a Brexit extension in 10 days’ time if no deal has been agreed between the UK and the EU.

Brexit: Ruth Davidson urges MPs to reach a deal as she eyes up a career change

  Brexit: Ruth Davidson urges MPs to reach a deal as she eyes up a career change Ruth Davidson has said people feel mis-sold over Brexit and that it is "astonishing" there is a possibility that the Prime Minister may not abide by the law and ask for an Article 50 extension if no deal is reached with the European Union. © Provided by Johnston Publishing Ltd Ms Davidson, who stood down as leader of the Scottish Conservatives two months ago, also urged MPs to back a deal if one is put before Parliament.

After the call, a No 10 source said Mrs Merkel had made clear a deal based on the prime minister's plans was "overwhelmingly unlikely" - though the BBC's Adam Fleming said there "scepticism" within the EU that she would This is the last such meeting currently scheduled before the Brexit deadline .

Campaigners have called upon the Court of Session to use an extraordinary legal power to prepare a letter requesting a Brexit extension in case Boris One option open to the court is to continue the case until after the October 19 deadline to ensure the Benn Act is observed by the UK Government.

SNP justice spokeswoman Joanna Cherry, QC Jo Maugham, and millionaire businessman Dale Vince pursued a petition at the Court of Session with the intention of forcing Mr Johnson’s administration to respect the Benn Act and not circumvent it.

Ms Cherry claimed the decision sent “a clear signal the court will keep a watch on Boris Johnson’s actions”.

The Prime Minister and his Cabinet have repeatedly said the UK will leave the EU by the end of October, with or without a deal.

In a statement, Mr Maugham said: “These cases are about keeping the Prime Minister on the straight and narrow. We have extracted from him a promise that he will comply.

“If he breaks that promise he will face the music - including possible contempt proceedings. And the courts are likely to make good any failure on his part, including signing the Benn Act letter.”

Mr Vince said: “This result is not entirely unexpected to me. It gives the courts the chance to jump in if the Prime Minister breaks his word and doesn’t send the extension request by October 19.

Appeal due after Brexit extension letter challenge dismissed

  Appeal due after Brexit extension letter challenge dismissed Judge Lord Pentland said he was satisfied with assurances from the Prime Minister that he would comply with legislation.It comes after Judge Lord Pentland announced his decision to refuse the case on Monday after considering arguments previously made at the Court of Session in Edinburgh.

Anti- Brexit campaigners had asked the three judges, the lord president, Lord Carloway, Lord Brodie and Lord Drummond Young, to issue court A Scottish court has delayed a decision on whether Boris Johnson should be forced to ask for a Brexit extension until after the final deadline has passed next

Campaigners have called upon the Court of Session to use an extraordinary legal power to prepare a letter requesting a Appeal due after Brexit extension letter challenge dismissed. One option open to the court is to continue the case until after the October 19 deadline to ensure the Benn Act is

“The idea of our Prime minister failing to uphold the law should be ridiculous, it’s an unprecedented concept - but this is where we are. Boris Johnson has repeatedly said he will not seek an extension and the UK will leave the EU on October 31 come what may. It’s for that reason we asked the courts to intervene, to prevent the very real likelihood of the law being broken and great harm ensuing, to our whole country.”

Ms Cherry said: “This decision is a victory for the petitioners and everyone who wants the Tory government to obey the law, and call for an extension, so we can avoid a devastating no-deal Brexit.

“As a result of this vital court action, the Tory government has been forced to concede the Prime Minister will comply with the law, and promise to send a letter requesting a Brexit extension. Crucially, he has also had to admit that he will not frustrate the purpose of the Benn Act.

“The Court’s decision is a clear signal it will keep a watch on Boris Johnson’s actions - and is holding a Sword of Damocles over him in case he breaks his promise.

Meanwhile, ministers are preparing to summon MPs for a special Saturday sitting of the UK Parliament following next week’s crucial EU summit.

Government sources said MPs were expected to be called back to Westminster on October 19 regardless of whether Boris Johnson has been able to secure agreement on a Brexit deal.

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