This article is from the source 'bbc' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.

You can find the current article at its original source at https://www.bbc.co.uk/news/uk-scotland-scotland-politics-50117164

The article has changed 6 times. There is an RSS feed of changes available.

Version 1 Version 2
Court asked to consider if PM's Brexit delay tactic is lawful Court asked to consider if PM's Brexit delay tactic is lawful
(about 2 hours later)
Scotland's highest court is to consider whether Prime Minister Boris Johnson has fully complied with a law requiring him to ask for a Brexit delay.Scotland's highest court is to consider whether Prime Minister Boris Johnson has fully complied with a law requiring him to ask for a Brexit delay.
He sent an unsigned letter to Brussels asking for an extension along with a signed letter saying he believed a further delay would be a mistake.He sent an unsigned letter to Brussels asking for an extension along with a signed letter saying he believed a further delay would be a mistake.
The Court of Session will be asked to decide whether this broke a promise not to "frustrate" the so-called Benn Act.The Court of Session will be asked to decide whether this broke a promise not to "frustrate" the so-called Benn Act.
The government maintains it has fulfilled its legal obligations.The government maintains it has fulfilled its legal obligations.
One of the campaigners bringing the action, SNP MP Joanna Cherry, said they would seek to maintain the pressure on Mr Johnson by asking the judges to continue the case until later in the week.
The court was originally asked earlier this month to consider using "nobile officium" powers to request a Brexit extension on the prime minister's behalf - but the judges delayed making a ruling until the political situation become clearer.The court was originally asked earlier this month to consider using "nobile officium" powers to request a Brexit extension on the prime minister's behalf - but the judges delayed making a ruling until the political situation become clearer.
One of the campaigners bringing the action, SNP MP Joanna Cherry, said the legal action had already been instrumental in forcing Mr Johnson to send the request for an extension late on Saturday. Ms Cherry said the legal action had already been instrumental in forcing Mr Johnson to send the request for an extension late on Saturday.
She told the BBC's Good Morning Scotland programme: "After all his huffing and puffing, the prime minister has had to climb down and seek an extension.She told the BBC's Good Morning Scotland programme: "After all his huffing and puffing, the prime minister has had to climb down and seek an extension.
"And I think he was trying to spin that by not signing the letter and issuing another letter."And I think he was trying to spin that by not signing the letter and issuing another letter.
"The good news is that the EU have ignored that nonsense and are taking the request seriously."The good news is that the EU have ignored that nonsense and are taking the request seriously.
"It will be for the court to decide whether or not the prime minister has broken his promise to the court. His promise wasn't to me or any of the other petitioners - it was to the court.""It will be for the court to decide whether or not the prime minister has broken his promise to the court. His promise wasn't to me or any of the other petitioners - it was to the court."
Ms Cherry said she and her fellow campaigners would now seek to maintain the pressure on Mr Johnson to keep his word by asking the judges to continue the case until later in the week. Ms Cherry said she and her fellow campaigners, businessman Dale Vince and QC Jolyon Maugham, wanted the judges to continue the case until later in the week.
"Our legal team are also instructed to remind the court that, as well as promising to comply with the letter of the Benn Act, the PM also promised not to seek to frustrate the purpose of the legislation," she added."Our legal team are also instructed to remind the court that, as well as promising to comply with the letter of the Benn Act, the PM also promised not to seek to frustrate the purpose of the legislation," she added.
Ms Cherry has been joined in the legal action by businessman Dale Vince and QC Jolyon Maugham.
Why is this back in court again now?Why is this back in court again now?
The Benn Act, passed in September, required Mr Johnson to request a three-month Brexit delay unless he could pass a deal or get MPs to approve a no-deal exit by 19 October.The Benn Act, passed in September, required Mr Johnson to request a three-month Brexit delay unless he could pass a deal or get MPs to approve a no-deal exit by 19 October.
Fearing he might find a way to circumvent this, campaigners sought to provide a "safety net" by asking Scotland's highest court to use "nobile officium" powers to write a letter on the prime minister's behalf if he failed to do so.Fearing he might find a way to circumvent this, campaigners sought to provide a "safety net" by asking Scotland's highest court to use "nobile officium" powers to write a letter on the prime minister's behalf if he failed to do so.
An earlier hearing was told Mr Johnson had given an undertaking to "fully comply" with the law and that he accepted he could not "frustrate" the purpose of the act.An earlier hearing was told Mr Johnson had given an undertaking to "fully comply" with the law and that he accepted he could not "frustrate" the purpose of the act.
The judges decided that the political debate had still to "play out" and therefore delayed making a decision.The judges decided that the political debate had still to "play out" and therefore delayed making a decision.
They agreed the court should sit again on 21 October by which time they hoped the circumstances would be "significantly clearer".They agreed the court should sit again on 21 October by which time they hoped the circumstances would be "significantly clearer".
At a special sitting of the House of Commons on Saturday, MPs passed passed an amendment, put forward by Sir Oliver Letwin, delaying approval of Boris Johnson's Brexit deal. This meant, by the terms of the Benn Act, he had to write to the EU requesting an extension.At a special sitting of the House of Commons on Saturday, MPs passed passed an amendment, put forward by Sir Oliver Letwin, delaying approval of Boris Johnson's Brexit deal. This meant, by the terms of the Benn Act, he had to write to the EU requesting an extension.
He did send this request, along with the second letter, saying he believed a further Brexit delay was a mistake, late on Saturday.He did send this request, along with the second letter, saying he believed a further Brexit delay was a mistake, late on Saturday.
The Inner House of the Court of Session will consider these latest developments when it reconvenes in Edinburgh at midday.The Inner House of the Court of Session will consider these latest developments when it reconvenes in Edinburgh at midday.
What is the nobile officium?What is the nobile officium?
The procedure of petitioning the nobile officium is unique to Scots law but is far from being a forgotten backwater of the legal system.The procedure of petitioning the nobile officium is unique to Scots law but is far from being a forgotten backwater of the legal system.
Its name is a Latin term meaning the "noble office".Its name is a Latin term meaning the "noble office".
The procedure offers the opportunity to provide a remedy in a legal dispute where none exists.The procedure offers the opportunity to provide a remedy in a legal dispute where none exists.
In other words, it can plug any gap in the law or offer mitigation if the law, when applied, would be seen to be too strict.In other words, it can plug any gap in the law or offer mitigation if the law, when applied, would be seen to be too strict.
In this case, it could have seen an official of the court sign a letter to the EU requesting a Brexit extension, as set out in the Benn Act, should the prime minister have failed to do so.In this case, it could have seen an official of the court sign a letter to the EU requesting a Brexit extension, as set out in the Benn Act, should the prime minister have failed to do so.
On Saturday, in response to a question from Joanna Cherry, Commons Speaker John Bercow indicated he would be prepared to sign a letter to the EU asking for a delay if requested by the courts although he said he did not expect this to be necessary. On Saturday, in response to a question from Joanna Cherry, Commons Speaker John Bercow indicated he would be prepared to sign a letter to the EU asking for a delay if requested by the courts, although he said he did not expect this to be necessary.