UK News: Brexit: Boris Johnson's 'great new deal' unlawful and should not be put to vote, court told - - PressFrom - United Kingdom
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UK News Brexit: Boris Johnson's 'great new deal' unlawful and should not be put to vote, court told

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

A Brexit deal has been reached, say UK's Johnson and EU's Juncker

  A Brexit deal has been reached, say UK's Johnson and EU's Juncker European Commission President Jean-Claude Juncker and British Prime Minister Boris Johnson said on Thursday that Britain and the European Union agreed a new Brexit deal, hours before a new summit in Brussels. "Where there is a will, there is a deal – we have one! It's a fair and balanced agreement for the EU and the UK and it is testament to our commitment to find solutions. I recommend that (EU summit) endorses this deal," EU's Juncker tweeted,"Where there is a will, there is a deal – we have one! It's a fair and balanced agreement for the EU and the UK and it is testament to our commitment to find solutions.

Boris Johnson ' s decision to suspend Parliament for five weeks was unlawful , the Supreme Court But Supreme Court president Lady Hale emphasised in the ruling that the case was "not about He told the BBC' s Victoria Derbyshire programme he was "delighted" the Supreme Court had "stopped

That the court judgment was not about Brexit . That Boris Johnson ’ s advice to the Queen was unlawful . Government lawyers had told the court , which sits in Westminster directly opposite parliament, that the justices should not enter into such a politically sensitive area, which was legally

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.

Boris Johnson wearing a suit and tie © 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".

READ MORE: SNP under pressure to back Boris Johnson or risk no deal Brexit 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.

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 said he did not want an election, but progress The legislation to be put forward on Tuesday seeks to tie Boris Johnson ' s hands, and instructs him to ask the EU for an extension of the Brexit Conservative MP Justine Greening, who is also planning to vote in favour of the cross-party

not be put to vote when MPs sit on 'Super Saturday' tomorrow, Scotland' s highest civil court Liberty has lost a bid to have an urgent hearing of its case against Prime Minister Boris Johnson its legal challenge, brought to ensure Mr Johnson 'acts within the law', should be heard immediately.

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.

READ MORE: Brexit: Why SNP must now back Boris Johnson’s deal – Jackson Carlaw 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.

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."

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.

Scotland' s highest court says Boris Johnson , in effect, misled the Queen over the move. Labour' s Shadow Brexit secretary Sir Keir Starmer said Parliament should be recalled as early as He told the BBC: "Most people didn't believe Boris Johnson , but for the courts to find he has unlawfully shut

Anti- Brexit campaigner Jo Maugham has lodged a petition at the Court of Session in Edinburgh. He is also demanding a court order so if MPs vote on the deal , the full, final text is put before them. Image caption Prime Minister Boris Johnson and European Commission President Jean Claude "If the government wants to seek Parliament' s consent to repeal section 55, it can and should seek that

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.

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."

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

Boost for PM as judge rejects Remainers' bid to suspend Brexit deal

  Boost for PM as judge rejects Remainers' bid to suspend Brexit deal Remain campaigners have failed in a legal bid to suspend the Brexit deal negotiated by Boris Johnson. © Getty Boris Johnson pictured with EU leaders in Brussels The campaigners had asked Scotland's Court of Session to rule that the EU withdrawal agreement was unlawful because it did not comply with UK trade laws. © PA The Supreme Courts and Court of Session in Parliament Square, Edinburgh They argued that the designation of Northern Ireland in a separate customs territory was contrary to trade law, but their petition was dismissed by the judge Lord Pentland.

Scotland’ s highest court is to hear a fresh challenge from anti- Brexit campaigners as they seek to have Boris Johnson ’ s agreed deal with the EU declared unlawful , arguing that it contravenes legislation – originally amended by the the full, final text is put before MPs if they do vote on the deal as planned.

BORIS Johnson has blasted the Supreme Court ruling that his Parliament shutdown was unlawful - and says He added that the court challenges against his shutdown were not helping Britain get the best deal Boris Johnson leaves his hotel in New York for the first time since the Supreme Court

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.

Scottish court delays decision on Boris Johnson's Brexit tactics .
Judges at Scotland's highest civil court are waiting to see if Boris Johnson fully complies with the Benn Act in seeking a Brexit extension before making a decision on whether he has broken the law. © Provided by Johnston Publishing Ltd At the hearing before the Court of Session in Edinburgh today, it was accepted the Prime Minister had observed part of the legislation by sending the request by letter to the EU.This is despite the fact he did not sign it and also sent a second letter, which he did put his name to, that said a delay would be a mistake.READ MORE: Brexit: No.

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