UK News: Top Scots court delays decision on Boris Johnson's Brexit extension letter - - PressFrom - United Kingdom
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UK News Top Scots court delays decision on Boris Johnson's Brexit extension letter

17:25  21 october  2019
17:25  21 october  2019 Source:   msn.com

Blow for Johnson as DUP highlights obstacles to Brexit deal

  Blow for Johnson as DUP highlights obstacles to Brexit deal Arlene Foster and Nigel Dodds said they cannot support what is being suggested on customs and consent issues, and there is a lack of clarity on VAT.The Prime Minister is hoping to bring back a deal from the Brussels meeting of European leaders while winning the backing of the DUP, which also wields influence over some Tory Brexiteers.

Scotland ' s highest court said on Wednesday it would wait until Oct. 21 on whether to issue a ruling to force British Prime Minister Boris Johnson to abide

Boris Johnson has sent an unsigned request to the EU for a delay to Brexit - followed by a signed one arguing against it. I am writing therefore to inform the European Council that the United Kingdom is seeking a further extension to the period provided under Article 50(3) of the Treaty on European

Boris Johnson et al. looking at a man in a suit and tie: Boris Johnson's Brexit deal was dealt a blow when MPs decided to withhold a decision until after the October 31 deadline © REUTERS Boris Johnson's Brexit deal was dealt a blow when MPs decided to withhold a decision until after the October 31 deadline

Judges at Scotland's highest civil court are waiting to see if Boris Johnson fully complies with the Benn Act in seeking a extension before making a decision on whether he has broken the law.

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.

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.

Boris Johnson has struck a Brexit deal with the EU

  Boris Johnson has struck a Brexit deal with the EU Boris Johnson says he has struck a new Brexit deal with the EU. The Prime Minister tweeted: “We’ve got a great new deal that takes back control — now Parliament should get Brexit done on Saturday so we can move on to other priorities like the cost of living, the NHS, violent crime and our environment” It is understood the UK and EU agreed a final draft of a Brexit dealafter a last-minute concession by Boris Johnson over the issue of the Northern Irish border.The Prime Minister had initially been set a deadline of midnight on Tuesday to get a fresh agreement ahead of a crunch summit of EU leaders on Thursday and Friday.

A Scottish court has delayed a decision on whether to sign a letter requesting a Brexit extension if Boris Johnson refuses to do so. Campaigners asked the judges to agree to enforce legislation passed by MPs aimed at preventing a no-deal exit. The Benn Act requires Boris Johnson to ask EU leaders

LONDON — Prime Minister Boris Johnson suffered a stinging defeat on Saturday as Parliament rebuffed his campaign to take Britain out of the European Union by the end of the month and forced him to seek an extension that he had vowed never to pursue.

Petitioners including businessman Dale Vince, Jolyon Maugham QC and SNP MP Joanna Cherry QC have now been granted a request by three of Scotland's most senior judges to postpone any decision to see if the terms of the Act have been fully carried out.

a group of people standing next to a person in a yellow shirt: SNP MP Joanna Cherry QC was one of the petitioners © PA SNP MP Joanna Cherry QC was one of the petitioners

This includes waiting to see if any potential extension granted by the EU is accepted by the Prime Minister.

Aidan O'Neill QC, representing the petitioners, described the manner in which the letter was sent as "unusual".

He added: "We don't know when the EU will come back with a response for the request.

"So it depends on it coming back and ensuring the Prime Minister carried out the duties imposed upon him within the Benn Act."

Judges to decide if unsigned Brexit letter puts PM in contempt of court

  Judges to decide if unsigned Brexit letter puts PM in contempt of court A resuming court hearing will rule on whether the Prime Minister upheld the law with his contradictory letters to the EU.Although Mr 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.

Prime Minister Boris Johnson grudgingly asked the European Union late Saturday to delay Brexit An hour before the deadline, European Council President Donald Tusk tweeted: “The extension It was accompanied by a second letter , signed by Johnson , arguing that delay would “damage the

Image caption Boris Johnson sent a letter to the EU asking for a Brexit delay but did not sign it. The Court of Session will be asked to decide whether, in sending contradictory letters , the prime Labour had planned to vote against Boris Johnson ' s deal, arguing it would be bad for the economy

The lawyer claimed there was a breach of the principle that Boris Johnson would not try to frustrate the purposes of the legislation, but this would also be for the court to decide at a later date.

Judge Lord Brodie said: "I think it is fair to say it was a very carefully written letter."

O'Neill said the Prime Minister was "sailing very close to the wind" and "not entirely in accord with spirit" of the Act by sending the second letter, in which he said an extension would "damage" the UK's interests.

The case could also be made null if Parliament accepts the withdrawal deal brought to them by the Prime Minister.

David Johnston QC, representing the UK Government , argued the appeal should be dismissed as the letter had been sent.

The court said it would return to the matter at a later date.

During the case's first hearing on October 9, the Government's lawyers assured the court Johnson would adhere to the law in writing and before the judges - despite the Prime Minister's repeated public declarations he would never request an extension.

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.

Most senior judge says court needs to ensure PM does not try to block Brexit extension .

Scotland ' s highest court is to consider whether Prime Minister Boris Johnson has fully complied with a law requiring him to ask for a Brexit delay . He sent an unsigned letter to Brussels asking for an extension along with a signed letter saying he believed a further delay would be a mistake.

The case was then postponed until after the deadline for the extension letter to be sent under the terms of the legislation.

Judge Lord Carloway said the decision would be delayed under similar terms to those in previous hearing.

He said: "The court considers that the case should be continued until clear that the obligations under the 2019 Act have been complied with in full."

European Commission president Donald Tusk confirmed at 10pm on Saturday that he had received the Prime Minister's request, tweeting: "The extension request has just arrived. I will now start consulting EU leaders on how to react."

In his signed letter, Johnson wrote: "A further extension would damage the interests of the UK and our EU partners, and the relationship between us."

The letter, to Donald Tusk and copied to European Council president Jean-Claude Juncker, refers to his regret at being defeated over the Letwin amendment in the House of Commons on Saturday.

a man wearing a suit and tie: Boris Johnson told Jean-Claude Juncker of his 'regret' of being defeated by the Letwin amendment on Saturday © PA Boris Johnson told Jean-Claude Juncker of his 'regret' of being defeated by the Letwin amendment on Saturday

It states: "Regrettably, Parliament missed the opportunity to inject momentum into the ratification process for the new Withdrawal Agreement."

MPs voted by 322 to 306 in favour of amending the Brexit deal to withhold the Commons' approval until the necessary UK legislation to leave the EU has been passed.

The Government's response was to cancel Saturday's vote on the deal, with it expected to be brought back before MPs this week.

EU delays Brexit extension decision .
Brussels has agreed to the need for a Brexit extension but will not make a decision on its length until next week. The development comes as Boris Johnson pushes to hold a general election on 12 December. Meanwhile, Downing Street has said if the EU offers a Brexit delay the Government can change the date of departure through secondary legislation, known as a statutory instrument. Political opponents had been holding out for an extension to be granted and so removing the imminent threat of a no-deal exit, before backing an election.

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