Monday 21 October 2019 1:01 pm

Brexit: Scottish court delays decision over Benn Act letter

Scotland’s highest court has delayed making a decision about whether the Prime Minister fully complied with the law when he wrote an unsigned letter requesting a Brexit extension.

Boris Johnson was forced to write a letter to European Council president Donald Tusk after losing a key vote in the Commons on Saturday afternoon. The unsigned letter was sent alongside a second one, which was signed, saying he believed a delay was against the UK’s interests.

Although Johnson had said he would rather “die in a ditch” than seek an extension, his hand was forced by the Benn Act, which was triggered after MPs voted in favour of an amendment tabled by Oliver Letwin that effectively prevented them from indicating their approval for the Prime Minister’s 11th hour Brexit deal.

Opponents argue Johnson’s letter does not fulfill the law, although the government insists it has done so.


Today Lord Carloway said the case should continue until obligations under the law had been complied with in full.

A date for the next hearing at the Court of Session has yet to be set.

The move is being hailed as a canny one for having avoided another instance where so-called elites are pitted against “the people”.

More to follow

Main image: Getty

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