Boost for court bid to block no-deal
● Court of Session agrees Remainers’ petition can proceed to full hearing
A legal challenge that could potentially halt Boris Johnson’s proposal to suspend the UK Parliament to force through a no-deal Brexit has cleared its first hurdle, after a judge ruled the matter could proceed to a full hearing.
Anti-brexit campaigners, including more than 70 MPS and peers, filed a petition at the Court of Session in Edinburgh to attempt to stop the Prime Minister from being able to prorogue Parliament.
Lord Doherty set the date for the substantive hearing as 6 September.
A legal challenge that could halt Boris Johnson’s proposal to suspend the UK Parliament to force through a no-deal Brexit cleared its first hurdle yesterday, after a judge ruled the matter could proceed to a full hearing.
Anti-brexit campaigners, including more than 70 MPS and peers, filed a petition at the Court of Session to attempt to stop the Prime Minister from being able to prorogue Parliament.
Lord do her ty agreed to expedite the timetable for the legal challenge to take place, setting the date for the substantive hearing as 6 September.
The judge announced all documents in relation to the case must be lodged by 30 August. A procedural hearing will take place on 4 September.
The latest legal challenge to Brexit has been masterminded by the same legal team that secured a victory at the European Court of Justice last year over whether the UK could unilaterally cancel Brexit by revoking Article 50.
Edinburgh South MP Ian Murray, one of the petitioners, said: “The courts are there to enhance our democracy by giving the public the ability to hold the Government to account.
“It’s great progress to have a full hearing in September before the Prime Minister can consider closing down Parliament to force through a nodeal Brexit.
“Congratulations thus far to the legal team.”
The week of the full hearing is shaping up to be a tumultuous one for Mr Johnson.
MPS will return from their summer break on 3 September and Labour could call a confidence vote in the UK Government any day that week.
The following day, the Government will provide a progress report on power sharing in Northern Ireland, which will be debated within five days.
A Government source said Downing Street anticipated that 9 September, when MPS are likely to discuss the report in the Commons, could be the first major legislative showdown over a no-deal Brexit.
Some insiders speculate the European Union is watching and waiting to see the outcome of any bids to prevent a no-deal Brexit in the Commons before it considers making amendments to the beleaguered Withdrawal Agreement.
Downing Street repeated on Monday that Mr Johnson remains “very clear in his determination to want to get a deal”.
A spokesperson said the Prime Minister would hold talks with EU leaders in the coming days.