Fresh legal challenge launched to force Brexit extension

Legal action has been launched in the Court of Session to force Boris Johnson to seek a Brexit extension if he fails to get a withdrawal deal.

Anti-Brexit campaigners Joanna Cherry MP and Jo Maugham QC brought a fresh case to Scotland’s highest civil court with the backing of businessman Dale Vince.

If successful the action would allow the court to effectively sign a letter to the EU on behalf of the Prime Minister if he should refuse to do it himself.

This case was brought on the same day as the court revealed its full reasoning for a decision on Wednesday to rule that the suspension of the Westminster Parliament was unlawful.

Judges said that the Prime Minister’s efforts to suspend parliament were “improper” and conducted in a “clandestine” manner, concluding that the “true reason” was to stop MPs scrutinising the Brexit process.

The case against the Prime Minister was brought to the court by a cross-party group of 78 MPs, including SNP MP Joanna Cherry, Labour MP Ian Murray and Liberal Democrat leader Jo Swinson.

The Scottish court decision clashed with a ruling on a similar case brought before judges in England, led by anti-Brexit campaigner Gina Miller.

Both the Scottish and English decisions are due to be heard in the UK Supreme Court on Tuesday 17 September.

Also involved in this latest case is the lawyer Jo Maugham QC, who helped with the Cherry case.

Speaking on this attempt to legally force the Prime Minister to write to the EU, Maugham said: “The rule of law is not a thing to be grifted – not even by the Prime Minister.

“We expect that the Inner House will be mindful of the deadline set out in the Benn Act, and will deal with the matter speedily.”

Dale Vince, a green energy businessman who is lead petitioner and is financing this case, said: “This would prevent a ‘no deal’ exit by default on October 31st and make the PM abide by the letter of the law in the Benn Act – which he’s suggested time and time again he’s prepared to ignore.

“For months I’ve watched in horror at what’s going on – it feels like we’re on the verge of law and order breaking down in our country.  A no-deal Brexit will cause enormous national harm and would be illegal, so we hope the court will order Boris Johnson must abide by the law.

“Over the years, I’ve personally been on the receiving end of injunctions that stopped legitimate protests from taking place, so it must be possible to prevent serious law breaking by the PM in the same way.  As crazy and ironic as this whole situation sounds – it’s where we are.