Inner House continues Brexit law compliance hearing

No order against Prime Minister Boris Johnson has been made by the Court of Session over his duty to request an extension to the deadline for the UK to leave the European Union, despite his attempt to qualify his request in further communications to EU leaders.

After the House of Commons voted on Saturday to require the legislation implementing the Withdrawal Agreement to have completed all its stages before it gives final approval for the agreement, Mr Johnson complied with the law to the extent of sending an unsigned letter in terms of the "Benn Act" which required him to request the extension, but with a covering note from the UK's ambassador to the EU stating that the letter was being sent because the law required it, and with Mr Johnson meantime contacting leaders of other member states individually to express the view that an extension would be undesirable and not in anyone's interests.

There have been suggestions that these actions infringed the "Padfield" principle of ministers not acting so as to frustrate the purposes of legislation, but the letter was accepted by EU Council President Donald Tusk as a proper request for an extension and is being considered.

As a result, when the Court of Session proceedings called for a continued hearing before the Inner House today, the petitioners - businessman Dale Vince, Jolyon Maugham QC and Joanna Cherry QC MP - simply moved for a further continuation, in order that the court might continue to ensure compliance with the Act having regard to the terms of the EU's response to the request.

The Government sought to have the case dismissed, but Lord President Carloway, presiding, said the case should continue until the obligations under the Act had been complied with in full. The case would continue with a date to be set for a further hearing. 

After the hearing the petitioners claimed a "huge victory", and that the "sword of Damocles" was still hanging over Mr Johnson's head.