Remainers' LOSE legal challenge that claimed Boris Johnson's Brexit deal is unlawful

Mail Online | 10/18/2019 | Ed Riley For Mailonline
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Remainers have lost a legal challenge at Scotland's highest civil court after claiming Boris Johnson's new Brexit deal was unlawful and should not be put to a vote when MPs sit tomorrow.

A legal challenge argued the proposed deal negotiated with the EU breaches UK law by leaving Northern Ireland in a separate customs arrangement to the rest of the country.

Government - Lawyers - Deal - Action - Interference

But Government lawyers defended the deal and claimed the legal action is a 'direct and manifest interference with Parliament'.

On Friday evening, Lord Pentland rejected the campaigners' argument that the agreement was unlawful, writing in his verdict that the petition was 'of very-doubtful competency'.

Judge - Orders - Extent - Proceedings - Parliament

The judge added: 'The orders sought would unquestionably interfere to a major extent to the proposed proceedings in Parliament.

'I cannot see that it would be right for Parliament to be invited to consider a draft treaty which the court had suspended on the basis that it was unlawful.

'It - Principle - Law - Courts - Affairs

'It is a cardinal principle of constitutional law that the courts should not intrude on the legitimate affairs and processes of Parliament.

'I consider that it should be left to Parliament to proceed in relation to the draft withdrawal agreement in the manner and according to the procedures that Parliament considers most appropriate.'

Petition - Court - Session - Edinburgh - Scotland

The petition was being heard in the Court of Session in Edinburgh - Scotland's highest civil court - which previously ruled Mr Johnson's prorogation of Parliament was unlawful.

Aidan O'Neill QC, acting for the petitioners, told the court on Friday the proposed Brexit deal would mean a 'continuing regime of EU law applicable to Northern Ireland' - contrary to Section 55 of the Taxation (Cross-Border Trade) Act 2018.

Challenge - Lord - Pentland - Outer - House

The challenge has been brought before Lord Pentland at the Outer House of the Court of Session by the Good Law Project, led by arch-Remainer barrister Jolyon Maugham QC.

He said this would breach...
(Excerpt) Read more at: Mail Online
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