UK News: Now Remainers claim Boris Johnson's new Brexit deal is unlawful and should not be put to vote when MPs sit on 'Super Saturday' tomorrow, Scotland's highest civil court hears - - PressFrom - United Kingdom
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UK News Now Remainers claim Boris Johnson's new Brexit deal is unlawful and should not be put to vote when MPs sit on 'Super Saturday' tomorrow, Scotland's highest civil court hears

17:50  18 october  2019
17:50  18 october  2019 Source:   dailymail.co.uk

PM’s Brexit deal unlawful and should not be put to vote, court told

  PM’s Brexit deal unlawful and should not be put to vote, court told The Court of Session is hearing a legal challenge to Boris Johnson’s new agreement on EU withdrawal.A legal challenge argues the proposed deal negotiated with the EU breaches UK law by leaving Northern Ireland in a separate customs arrangement to the rest of the country.

Boris Johnson ' s new Brexit deal is unlawful and should not be put to vote when MPs sit on ' Super Saturday ' tomorrow , Scotland ' s highest civil court hears . Liberty loses bid to have an urgent hearing of its case against PM over Brexit . Argued its legal challenge ensuring he 'acts within the

Scotland ' s highest court says Boris Johnson , in effect, misled the Queen over the move. Boris Johnson ’ s suspension of the UK Parliament is unlawful , Scotland ’ s highest civil court has ruled. MPs are not scheduled to return to Parliament until 14 October, when there will be a Queen's Speech

a man wearing a suit and tie talking on a cell phone: Arch-Remainer Jolyon Maugham QC arrives at the Court of Session in Edinburgh today © Provided by Associated Newspapers Limited Arch-Remainer Jolyon Maugham QC arrives at the Court of Session in Edinburgh today

The Brexit agreement Prime Minister Boris Johnson has claimed is a 'great new deal' is unlawful and should not be considered by Parliament, a court has heard.

A legal challenge argues the proposed deal negotiated with the EU breaches UK law by leaving Northern Ireland in a separate customs arrangement to the rest of the country.

But Government lawyers defended the deal and claimed the legal action is a 'direct and manifest interference with Parliament'.

The petition is being heard in the Court of Session in Edinburgh - Scotland's highest civil court - which previously ruled Mr Johnson's prorogation of Parliament was unlawful.

Brexit: Boris Johnson's 'great new deal' unlawful and should not be put to vote, court told

  Brexit: Boris Johnson's 'great new deal' unlawful and should not be put to vote, court told The Brexit agreement Prime Minister Boris Johnson has claimed is a "great new deal" is unlawful and should not be considered by Parliament, a court has heard. © Provided by Johnston Publishing Ltd A legal challenge argues the proposed deal negotiated with the EU breaches UK law by leaving Northern Ireland in a separate customs arrangement to the rest of the country. But Government lawyers defended the deal and claimed the legal action is a "direct and manifest interference with Parliament".

BORIS Johnson has today urged MPs to come together and vote for his new deal on Saturday to "get Brexit done" - as Jean Claude Juncker rules out ANY further delays. The SNP have also confirmed they will not be supporting the agreement. Announcing the breakthrough this morning, Mr Johnson

Legal action to be lodged in Scotland on basis withdrawal agreement contravenes law. Jolyon Maugham QC said he believes the agreement, due to be debated in a special parliamentary sitting on Saturday , contravenes legislation stating it is “ unlawful for Her Majesty’ s government to enter into

Aidan O'Neill QC, acting for the petitioners, told the court on Friday the proposed Brexit deal would mean a 'continuing regime of EU law applicable to Northern Ireland' - contrary to Section 55 of the Taxation (Cross-Border Trade) Act 2018.

The challenge has been brought before Lord Pentland at the Outer House of the Court of Session by the Good Law Project, led by arch-Remainer barrister Jolyon Maugham QC.

a group of people standing in front of a building: Mr Maugham paused to speak to pro-EU demonstrators outside the Scottish court © Provided by Associated Newspapers Limited Mr Maugham paused to speak to pro-EU demonstrators outside the Scottish court

He said this would breach the Act's terms by creating different customs rules in Northern Ireland to the rest of the UK, leaving the deal void and unsuitable to be put before Parliament.

Judge rejects legal challenge calling for Brexit deal to be ruled unlawful

  Judge rejects legal challenge calling for Brexit deal to be ruled unlawful A judge has rejected a legal challenge which had argued that Boris Johnson’s Brexit deal was unlawful due to the implications for Northern Ireland.It had been claimed that the Brexit agreement Prime Minister Boris Johnson negotiated with the EU was unlawful and should not be considered by Parliament.

Boris Johnson ' s decision to suspend Parliament for five weeks was unlawful , the Supreme Court has ruled. Judges said it was wrong to stop MPs carrying out But Supreme Court president Lady Hale emphasised in the ruling that the case was "not about when and on what terms" the UK left the EU

PM Boris Johnson has taken the fight to his Brexit enemies by suspending ParliamentCredit: AFP One said Mr Johnson would not be duty-bound to extend the deadline – forcing MPs to instead risk Now , confronted by a new , driven No10 fighting fire with fire, they clutch their pearls and demand the

Mr O'Neill said: 'What we have before us is a void agreement that has been presented publicly and to Parliament as valid.

'The agreement which was presented yesterday is void; is of no effect as a matter of law.

'If the interim suspension is granted on the basis that the agreement as a matter of national law is void, then there's no agreement which can be laid before the House.'

a man wearing a suit and tie: In Brussels last night, Mr Johnson delivered an emphatic message to MPs, saying: 'It hasn't always been an easy experience for the UK' © Provided by Associated Newspapers Limited In Brussels last night, Mr Johnson delivered an emphatic message to MPs, saying: 'It hasn't always been an easy experience for the UK' Tim Barrow, Boris Johnson are posing for a picture: The Prime Minister is said to have begin attempts to entice Jeremy Corbyn's backbenchers from Leave areas in the North and Midlands to side with him and get the UK out of the EU © Provided by Associated Newspapers Limited The Prime Minister is said to have begin attempts to entice Jeremy Corbyn's backbenchers from Leave areas in the North and Midlands to side with him and get the UK out of the EU

Liberty loses bid for speedy court hearing

Earlier today at the Court of Appeal in London Liberty lost a bid to have an urgent hearing of its case against Prime Minister Boris Johnson over the Brexit deadline.

Brexit: Edinburgh Court of Session rules out bid to stop an 'illegal' deal

  Brexit: Edinburgh Court of Session rules out bid to stop an 'illegal' deal A legal bid arguing Boris Johnson's Brexit deal was unlawful has been rejected by a judge at the Court of Session in Edinburgh. © Provided by Johnston Publishing Ltd It had been claimed that the Brexit agreement Prime Minister Boris Johnson negotiated with the EU was unlawful and should not be considered by Parliament. The legal challenge, heard at the Court of Session in Edinburgh, suggested that that the proposed deal breaches UK law by leaving Northern Ireland in a separate customs arrangement to the rest of the country.

Anti- Brexit campaigner Jo Maugham plans to lodge a petition at Scotland ' s highest civil court . "If the proposed withdrawal agreement is unlawful , the government will be obliged to request an extension as mandated by the Benn Act and in accordance with undertakings given to the Court of

BORIS Johnson has blasted the Supreme Court ruling that his Parliament shutdown was unlawful But angry Remainers claimed he stopped MPs from sitting to dodge Parliamentary scrutiny over Boris needs two thirds of MPs to vote for an election before one is called. Will he face a vote of no

Lawyers for the civil rights organisation argued today that its legal challenge, brought to ensure Mr Johnson 'acts within the law', should be heard immediately.

But their application for an urgent hearing was rejected by Court of Appeal judges.

Liberty asked for an immediate hearing of its case against Mr Johnson, which it is bringing to make sure he complies with the European Union (Withdrawal) (No 2) Act, commonly referred to as the Benn Act.

The Act requires the PM to seek an extension to the current Brexit deadline of October 31 if no deal is reached with the EU, and approved by Parliament, by Saturday.

The organisation's application for an expedited hearing was previously rejected by Mr Justice Supperstone, a High Court judge, following consideration of the court papers.

Richard Hermer QC, for Liberty, said: 'It is at least being considered by the defendant that he is fully entitled, notwithstanding the terms of the Act, to seek to procure a refusal from the European Council.'

Mr Hermer argued that any steps taken by Mr Johnson which are 'intended and likely' to result in the European Council refusing to agree an extension to the Article 50 period are likely to result in 'irreversible' consequences.

Judges To Decide If Unsigned Brexit Letter Puts Boris Johnson In Contempt Of Court

  Judges To Decide If Unsigned Brexit Letter Puts Boris Johnson In Contempt Of Court Judges are set to decide whether the unsigned letter sent by Boris Johnson asking for a Brexit extension from the EU complied with the Benn Act, or if the prime minister is in contempt of court. Although Johnson sent a letter to the EU requesting an extension, as required by the so-called Benn Act, he did not sign it and also sent a second letter – which he signed – that said a delay would be a mistake. A hearing at the Court of Session in Edinburgh by Scotland’s most senior judge Lord Carloway, and two other judges, was postponed until after the deadline for the extension letter to be sent under the terms of the Benn Act.The extension request has just arrived.

Johnson ' s deal will be a wrecking ball through the lives & well- being of ordinary people across Britain. Labour MPs cannot and must not vote for it. This is not Brexit ." Mr Raab the Government was continuing in talks with the DUP to"give them the reassurances we can".

Scotland ' s highest civil court is set to consider a legal bid to stop the UK government from passing its proposed EU withdrawal agreement. He is also demanding a court order so if MPs vote on the deal , the full, final text is put before them. Lord Pentland is expected hear the case on Friday morning and

He added: 'Accordingly, in order to avoid irremediable consequences of fundamental constitutional importance, it is essential that the lawfulness of those steps is determined before such irreversible consequences are caused.

'If the application is not considered until after October 19, it will be too late for the court to grant any effective relief.'

However, the application was refused by the Lord Chief Justice Lord Burnett, Master of the Rolls Sir Terence Etherton and President of the Queen's Bench Division Dame Victoria Sharp.

Lord Burnett said: 'It is clear to us that Mr Justice Supperstone made no error of principle or acted outside the proper limit of his judicial discretion in making the case management decision under challenge.

'We will give our full reasons in due course in writing.'

No date has been set for the hearing of Liberty's High Court challenge but it could be as early as Monday.

Liberty announced it was bringing the challenge in September, saying that it was 'gravely concerned' by media reports which suggested Mr Johnson intended to flout Brexit legislation.

The Prime Minister and European Commission President Jean-Claude Juncker on Thursday announced the two sides had come to an agreement on a Brexit withdrawal deal, ahead of a crucial EU summit in Brussels.

Brexit decision postponed by judges to see if PM ‘fully complies’ with Benn Act

  Brexit decision postponed by judges to see if PM ‘fully complies’ with Benn Act Petitioners now want to see if Boris Johnson will accept any potential extension granted by the EU.At the hearing before the Court of Session in Edinburgh on Monday, it was accepted the Prime Minister had observed part of the legislation by sending the request by letter to the EU.

Boris Johnson told MPs a deal is not there yetCredit: London News Pictures. The Financial Times claimed that Boris was last night haggling with Ms Foster over a big cash payment for the What do we know about Boris Johnson ' s new Brexit deal ? Two weeks ago Boris proposed a 'two borders'

What’ s in Johnson ’ s new Brexit deal ? Johnson reached a last-minute compromise with the European Union on Maugham calls this stipulation “ unlawful ” and is seeking a court order preventing Boris Johnson from MPs are set to gather on Saturday to vote on whether to approve the agreement.

EU leaders then approved the deal, and MPs are expected to vote on it on Saturday.

When asked what the effect of granting the petition would be on Parliament sitting on Saturday, Mr O'Neill said it could potentially repeal the law which currently prevents Northern Ireland being part of any different customs arrangements to the rest of the UK.

He added: 'Parliament is the supreme and sovereign body, it can - if so advised - pass or vote on legislation which would repeal the relevant provision: Section 55 of the Taxation Act.

'It could retrospectively validate the agreement that has been reached.

'All this court can do is apply the law as it currently stands.'

Gerry Moynihan QC, acting for the Government, described the legal challenge as a 'direct and manifest interference with Parliament' and revealed the House of Commons Speaker's counsel had written to both parties urging them not 'inhibit' bringing a matter before Parliament.

Mr Moynihan said suspending the agreement would prevent the deal being brought before Parliament, acknowledging the Government would not be able to claim a deal had been done or agreed if the court ruled the agreement unlawful.

'It would be utterly futile to lay a copy of that non-agreement before the House,' he said.

'It is a gross intrusion into the separation of power,' he said of the legal challenge, which he claimed was 'simply incompetent'.

He argued Northern Ireland would remain in the UK's customs territory because 'a substantial part' of trade would still be with the UK.

Lord Pentland said he would make a decision by 5pm on Friday.

Parliament is due to vote on the deal on Saturday but Mr Johnson may struggle to get it through as the Democratic Unionist Party has voiced opposition to the agreement.

Read more

Top Scots court delays decision on Boris Johnson's Brexit extension letter .
Boris Johnson submitted an unsigned letter to EU requesting a delay after MPs voted to withhold a decision on the PM's Brexit deal. At the hearing before the Court of Session in Edinburgh on Monday, it was accepted the Prime Minister had observed part of the legislation by sending the request by letter to the EU.

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