Legal action at Court of Session aims to force PM to ‘obey law’

Legal action launched at the Outer House of the Court of Session seeks to create an order which would force Boris Johnson to send the letter to the European Union seeking a Brexit delay and prohibits him from frustrating the Benn Act’s purpose.

This includes banning him from asking EU member states to deny the letter’s request or by sending an additional letter which contradicts it.

Andrew Webster QC, representing the UK Government, said there is no need for an order to be made forcing a letter to be sent, because the court has it on record it will be done.

He said: “What we have is a clear statement on behalf of the prime minister and government as to what it will do in respect to the requirements of the 2019 Act.

“They have been put on record, so there can be no doubt.”

Aidan O’neill QC, representing the campaigners behind the legal

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We can’t trust this government. AIDAN O’NEILL QC

action, claimed Mr Johnson’s previous statements go against what he has said to the court through the documents.

He referred to promises made by the prime minister that he would rather be “dead in a ditch” than send a letter requesting an extension, and that the UK will leave on October 31 “do or die”.

Mr O’neill said: “We can’t trust this government, in light of statements it has made, that it will comply with the law.”

The trio behind the court action – businessman Vince Dale, SNP MP Joanna Cherry QC and Jolyon Maugham QC – are seeking an order to ensure Mr Johnson requests an extension if he refuses to abide by the terms of the Benn Act.

The hearing before judge Lord Pentland continues.

Meanwhile, a judge at the court’s Inner House has said it would be “unprecedented” for an official to exercise powers to sign an Article 50 extension on behalf of Mr Johnson.