Court won’t force PM to ask for delay – because he’s already promised to do so

THE Prime Minister does not need to be forced to write a letter to the EU requesting a Brexit extension as he has already agreed to it, a court ruled yesterday.

It dismissed a petition which had aimed to force Boris Johnson’s hand, saying there was no ‘reasonable apprehension’ he would breach his ‘statutory duty’.

Judge Lord Pentland cited papers showing the PM accepted that the letter must be sent in the event of a No Deal. At the Court of Session, the judge said these assurances made on the Prime Minister’s behalf showed his ‘clear and unequivocal’ intention of obeying the law. The action in Edinburgh had potentially threatened Mr Johnson with fines and jail if he refused to follow the Benn Act.

This requires him to seek a delay to Brexit if he has not secured Parliament’s backing for a withdrawal agreement by October 19.

The case was launched by businessman Dale Vince, SNP MP Joanna Cherry QC and Jolyon Maugham QC. Mr Johnson has said he will abide by the law but will refuse to ask for an extension. But Lord Pentland said there was ‘no doubt that [the PM] now accepts that he must comply with the requirements of the 2019 [Benn] Act and has affirmed he intends to do so’. An appeal is expected.

It came as a ComRes poll for the Daily Telegraph found that 83 per cent of voters would blame Parliament for any Brexit delay.

And former premier David Cameron, speaking at the Barbican centre in London last night, said he didn’t know if Mr Johnson would win a general election if one was held after another hold-up.