Court holds ‘Sword of Damocles’ over Boris Johnson, says Cherry as legal challenge rumbles on

The Court of Session may have delayed making a ruling in the Brexit legal challenge but that doesn’t make Boris Johnson’s life much easier.

Lord Carloway said there was currently no basis on which they could grant either of the pro-remain campaigners’ requests, and that ordinarily, they would have been refused.

On the face of it, that sounds like good news for the UK government. If it can secure a deal before 19 October, there is no need to circumvent the Benn Act, and the petitioners’ case will be quietly be dropped. Job done.

But – as keen observers of the Brexit crisis already know – the chances of Boris Johnson securing a deal in the short term have dramatically decreased this week.

It now seems likely there will be no deal in place

in 10 days’ time.

And according to the terms of the Benn Act, that means Mr Johnson will have to write a letter requesting an extension to Article 50.

The problem is, that would mean the Conservative leader losing considerable face in front of the ardent Brexiteers who back him to take the UK out of the EU by the end of October.

Can he find another way around the Benn Act? The court’s decision to hold off gives him breathing space to find one, at least. But the legal challenge has not gone away.

If he fails to comply with the terms of the Benn Act, and does not sign the letter to extend Article 50, the case will resume and judges will determine the matter on 21 October.

So whatever move Mr Johnson makes next, the possibility of another courtroom challenge will still be hanging over him.

It’s another unknown quantity at a time when the UK government is already up to its neck in political uncertainties.

For Cherry and the other petitioners, they can feel vindicated that their actions which have resulted, for the first time, in the Prime Minister indicating in formal court documents that he will sign the letter and not seek to frustrate the Benn Act.”

Ms Cherry said: “This decision is a victory for the petitioners and everyone who wants the Tory government to obey the law, and call for an extension, so we can avoid a devastating no-deal Brexit.

“As a result of this vital court action, the Tory government has been forced to concede the Prime Minister will comply with the law, and promise to send a letter requesting a Brexit extension.

“Crucially, he has also had to admit that he will not frustrate the purpose of the Benn Act.

“The Court’s decision is a clear signal it will keep a watch on Boris Johnson’s actions – and is holding a Sword of Damocles over him in case he breaks his promise.”

Mr Maugham said: “These cases are about keeping the Prime Minister on the straight and narrow. We have extracted from him a promise that he will comply.

“If he breaks that promise he will face the music – including possible contempt proceedings.

“And the courts are likely to make good any failure on his part.”