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Court delays decision on forcing PM to seek Brexit extension Court delays decision on forcing PM to seek Brexit extension
(32 minutes later)
A Scottish court has delayed a decision on whether Boris Johnson should be forced to ask for a Brexit extension until after the final deadline has passed next week.A Scottish court has delayed a decision on whether Boris Johnson should be forced to ask for a Brexit extension until after the final deadline has passed next week.
Anti-Brexit campaigners had asked the three judges, the lord president, Lord Carloway, Lord Brodie and Lord Drummond Young, to issue court orders forcing Johnson to send the letter to the EU required under the so-called Benn act.Anti-Brexit campaigners had asked the three judges, the lord president, Lord Carloway, Lord Brodie and Lord Drummond Young, to issue court orders forcing Johnson to send the letter to the EU required under the so-called Benn act.
That legislation, the European Union (Withdrawal) (No 2) Act, requires Johnson to write to the EU asking for an extension until 31 January if he fails to get a Brexit deal agreed at Westminster by 19 October.That legislation, the European Union (Withdrawal) (No 2) Act, requires Johnson to write to the EU asking for an extension until 31 January if he fails to get a Brexit deal agreed at Westminster by 19 October.
A Scottish court has delayed a decision on whether Boris Johnson should be forced to ask for a Brexit extension until after the final deadline has passed next week.
In an unusual move, Carloway said the issues were so significant and time-sensitive that the court could not make a definitive ruling on whether the prime minister had broken the Benn act until 19 October had passed.In an unusual move, Carloway said the issues were so significant and time-sensitive that the court could not make a definitive ruling on whether the prime minister had broken the Benn act until 19 October had passed.
He said they would suspend a final ruling on whether to order Johnson to comply, or send the Benn act letter to the EU itself, until Monday 21 October. Then, he said, “the court will expect to be addressed on the facts that present themselves”. He said the judges would suspend a final ruling on whether to order Johnson to comply, or send the Benn act letter to the EU itself, until Monday 21 October. Then, he said, “the court will expect to be addressed on the facts that present themselves”.
They had also asked the court to use their unique powers, known as nobile officium, to write that letter on his behalf if he failed to do so. Carloway said they would postpone a decision on that too until 21 October.They had also asked the court to use their unique powers, known as nobile officium, to write that letter on his behalf if he failed to do so. Carloway said they would postpone a decision on that too until 21 October.
BrexitBrexit
European UnionEuropean Union
Foreign policyForeign policy
ScotlandScotland
Boris JohnsonBoris Johnson
EuropeEurope
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