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Scottish Case Against Boris Fails

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Spicerack | 13:07 Mon 07th Oct 2019 | News
27 Answers
No link. They haven't worked out how to spin it yet.
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I've always had faith in those Scottish Judges!
13:09 Mon 07th Oct 2019
I've always had faith in those Scottish Judges!
So the surrender act can't force the PM to write the letter then?
Just heard it on 1 o'clock news.
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Cheers, jo. Just saw that one myself.
:-) x
Yesssss !!!
It's not quite done and dusted. There's an appeals process, and we all know how they can go!

'Anti-Brexit campaigners are expected to appeal agains the decision on Tuesday, when they will ask another Scottish court to write the article 50 extension letter if Johnson fails to do so.'
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Yes, Tora. I've always shared your high opinion of the Jock courts. ;-)
As I understand it the Scottish Court accepted that because the PM had already insisted that he would write the letter then there is no need for the Courts to rule on the matter. So one might call it a score draw. The PM wins because he isn't forced by the Courts; the PM loses because he accepts that he has to obey the law.

What will the Inner House say?
If the surrender act states he must write the letter and deliver it then surely no further court order is needed ? This 19th is just an unjustifiable further demand.

Maybe Boris Johnson should give Emmanuel Macronis until the end of the week to convince the EU to stop playing silly bs and accept his compromise plan.
"There can be no doubt that the [Prime Minister] now accepts that he must comply with the requirements of the [EU (Withdrawal) (No.2) Act 2019, specifically to submit an extension request by 19th October absent a deal or approval for no deal] and has affirmed that he intends to do so."

https://twitter.com/JolyonMaugham/status/1181175133186269185
..Emmanuel Macron..
Why should either the UK or the EU accept the terms of Johnson's proposed "compromise"? It introduces a (regulatory) border in the Irish Sea, and a (Customs) border on the island of Ireland. Both of these. It also says nothing about any of the other myriad problems Brexit supporters, here and elsewhere, understandably have about the May Agreement.

Topic for another thread, but it's amazing how quickly Leave supporters, Farage excepted, have abandoned their supposed principles.
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Ho ho. Jolyon got stuffed. Now he's spinning like a good one for the benefit of eejits.
The quote I gave is a direct extraction from the judgement. Not sure that it matters where I grabbed it. Also cited in the BBC report.

In any case the point is still that the PM has won this case mainly because he accepts that the 2019 Act requires him to send an extension request (and more importantly, to send this request in good faith).
Question Author
I'll ask the Ed to change the title to 'Scottish Case Against Boris Succeeds' for you, jim. ;-)
It's not a success, I'm not wanting to argue otherwise. The Court has refused to make any orders to the effect of forcing Johnson to obey the law. On the other hand, it refused to do so because Johnson conceded that he would obey the law, in spite of public statements to the contrary. So in that regard it's a "score draw", as I say. Johnson will be expected by the Courts to obey the law, as he has assured them he will do, but no more than that.

Pending the appeal, of course.

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