Friday, 26 Apr 2024

Legal action begins against Boris Johnson forcing through no-deal Brexit

Campaigners have launched a fresh legal fight to stop Boris Johnson forcing through a no-deal Brexit .

Pro-EU QCs Joanna Cherry MP and Jo Maugham will ask judges to fine or imprison the Prime Minister if he ignores a new Act of Parliament passed by MPs this week.

The Act demands he sends a letter asking the EU to delay Brexit by three months, beyond October 31, if there’s no consensus by the middle of next month.

Yet Mr Johnson has claimed he will still leave on October 31, with ministers suggesting he will “test the limits” of the law.

The QCs issued proceedings in Edinburgh’s Court of Session – the same court that ruled on Wednesday the Parliament suspension was unlawful.

They are calling for an "order for specific performance of [the Prime Minister's statutory] duties under the Act."

Their petition adds consequences of the failure to obey could include "fine and imprisonment" if consistent with the Act.

The case is also being brought by Dale Vince, the businessman and founder of the firm Ecotricity, who is funding the legal fees.

The case was brought after the team asked for an undertaking that Mr Johnson would send his delay letter to the EU, but did not receive an assurance.

Mr Maugham said: "The rule of law is not a thing to be grifted – not even by the Prime Minister.

 

“We expect that the Inner House will be mindful of the deadline set out in the Benn Act, and will deal with the matter speedily.”

Mr Vince added: "For months I’ve watched in horror at what’s going on – it feels like we’re on the verge of law and order breaking down in our country. 

"A no-deal Brexit will cause enormous national harm and would be illegal, so we hope the court will order Boris Johnson must abide by the law."

Today’s decision comes ahead of a major, separate showdown over Brexit in the UK’s highest court.

Nine Supreme Court Justices will begin a landmark case on Tuesday to decide whether Boris Johnson’s decision to shut down Parliament was unlawful.

Scottish judges ruled yesterday that the PM prorogued – suspended – Parliament in order to “stymie” scrutiny of his Brexit plan, in a case brought by the same QCs.

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