No final ruling in Brexit court case

Scotland’s highest civil court will wait to see if Boris Johnson abides by the terms of the Benn Act before making any final ruling on a legal challenge brought by proremain campaigners, it was announced yesterday.

The Inner House of the Court of Session 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.

But in their statement, the three judges added that the political debate must be played out before they could make any final decision. The case has now been continued so that campaigners do not have to start new proceedings if circumstances change.

Lord Carloway, Lord President of the Court of Session, said: “Until the time for sending the letter arrives the Prime Minister has not acted unlawfully.

“If October 19 comes and goes without the act having been satisfied, the petitioners would be entitled to return to court asking for the Prime Minister to have to comply with the act.

“The situation remains fluid. What is known is that over the next two weeks circumstances will change.”

He continued: “The court can only intervene if there is a demonstrable unlawfulness which it requires to correct. There has been no such unlawfulness.”

Under the terms of the Benn Act, which was passed by opposition MPS last month, Mr Johnson must request a Brexit extension in ten days’ time if no deal has been agreed between the UK and the EU.

SNP MP Joanna Cherry, QC Jo Maugham, and businessman Dale Vince pursued a petition at the Court of Session with the intention of forcing Mr Johnson to respect the Benn Act.

Ms Cherry claimed the decision sent “a clear signal the court will keep a watch on Boris Johnson’s actions”.