Huge court case today at The Court of Session in Edinburgh.

*Seventy six* MPs are suing the Prime Minister in an attempt to stop a no-deal Brexit through parliament (Westminster) being suspended.

Regardless of the case outcome there could be big implications. The case will likely take weeks to conclude.

In essence the case is about preventing parliament being prorogued. Which makes it doubly interesting that YouGov released a poll on exactly this topic yesterday.

Broadly, UK voters are against proroguing parliament by about 2:1. Remain & Labour voters are massively against. Leave & Tory voters are narrowly for it (surprise, eh?).

So, don't believe any nonsense about proroguing parliament being "the will of the people". Nobody voted for it, and the polls suggest the exact opposite.

Due to prorogation of the Westminster parliament yesterday, by PM Boris Johnson, this court case has now been brought forward to 12 noon today.

It is possible the judge could grant an interim interdict *preventing the suspension of parliament*.

Wait for the fireworks!

Court rises, returns to-morrow at 10am.

I should also mention there are also court cases in: N. Ireland (that Brexit breaks the Good Friday Agreement), and England & Wales by Gina Miller.

There is also a request to trigger an EU rule of law investigation into Johnson's proroguing of parliament, which would be a lovely irony. A suggestion also that EU could suspend no-deal for Scotland & N. Ireland while investigation progresses. 😃

The Court of Session has refused an interim interdict (shame, that would've been fun), full hearing to go ahead Sept 3rd.

But wait...

The petitioners are seeking an affidavit, sworn on oath by PM Boris Johnson, the reasons for the prorogation of parliament.


I'm now seeing reports that the Lord Advocate (Scotland's chief legal officer & govt adviser) wants to intervene in the case. He will be supporting the petitioners (Cherry et al) and will do so without delaying the case. The case is due to resume to-morrow. This is extraordinary, but I have no idea what it means.

Of course, to-morrow is also the day when a Vote of No Confidence may be started in Boris Johnson's govt. Busy day!

[Note to The Court of Session: can you please refrain from hearing important constitutional cases while I am preparing and eating lunch. Thank you.]

Ooh, this is meaty.

Documents provided to the court show PM Johnson was already discussing prorogation of the Westminster parliament on August 15th.

Not only does this mean the UK govt counsel was misleading the court, it also makes out PM Johnson as a liar.


The petitioners case centres on the 1689 Claim of Right: a legally limited constitution, an executive that is justiciable and a monarchy whose powers are limited.

The govt's counsel is arguing it would be odd it the queen were subject (sic) to different legal interpretations in England & Scotland. Aha...

Thought by me: according to reports, the queen agreed to the proroguing of parliament while she was at Balmoral. Therefore by jurisdiction she should be judged according to Scots law.

Court has risen. Judge will consider verdict overnight. Back to-morrow at 10am.


Judge has ruled that the court can not intervene on prerogative power.

The petitioners believe the judge has erred in law. An immediate appeal is being made. This case has not ended. Next stage will be The Court of Appeal and if not successful then the European Court of Justice.

Oh, the appeal is set for this afternoon.

Gosh, courts can move fast when they want.

I go away from my keyboard for 45 minutes to prepare lunch, during which time all Hell breaks loose.

Back shortly, once I have assimilated what has happened.

@fitheach It was teh same here and harper did it anyway.

@fitheach I sincerely hope it blows up in the face of that swollen blonde bollock and his scumbag mates.

The proroguing of parliament could go either way. All these court cases are fascinating. However, I still think Brexit will happen, and likely a no-deal. There is so little time and very few options. The pro-Remain factions have been poorly organised and slow to action.

@fitheach Alas, I fear you may be right. The only consolation is that we might end up a cautionary tale for more sensible individuals.

Setting aside the arguments about whether the UK should leave the EU or not, the handling of the whole situation has been terrible. The PM (Theresa May, at the time) should have built a consensus for the type of deal the UK wanted, THEN triggered Article 50. Instead, in a bout of jingoistic fervour Article 50 was triggered first, starting the countdown before any plans were made. Politics 101 on how not to do things.

@fitheach interesting. I still don't see how any of it can stop hard Brexit, or any brexit at all. I mean, the only way is to have the significant numbers of people at Westminster change their minds. So far it hasn't been done, but maybe (most likely*) I don't have the whole picture. Is there a change in there?

Because I don't think Scottish Parliament can do anything about it, can it?

Not the Scottish Parliament, this is a court case to determine if the prorogation of parliament is illegal.

If Brexit was stopped, or delayed, it would be the end of BoJo and the Tory party. The prorogation is about preventing parliament from having the time available to do either of those things. The prorogation is entirely anti-democratic.

That said I think Brexit will happen regardless, and most likely a no-deal variety.

@fitheach yes, that's what I've meant. Just when I realized i like Scotland a lot :)

@fitheach looking forward to today's commentary review, I don't have a lot of time to follow it myself, though I have sent in my register to vote abroad paperwork!

Postal vote?
The case has just re-started. Lord Doherty has noted intervention by the Lord Advocate.

We'll see what happens...

@fitheach proxy. Post here only collected once a week, so I'd have to send it away with plenty of lead time in a rapidly changing environment, I'd imagine.

@andyc @GreenandBlack
Yes, but there is a world of difference between a "political lie", which happens all the time, and lying to the court.

@fitheach proving tories are liars is meaningless if it's not followed up

@fitheach Keep the news coming. I love your toots re. Brexit and BoJo's latest shenanigans.

Shenanigans is exactly right.
What a day, and it's gulyás for lunch. Result!

Johnson is a liar, he's a Tory, these days liar and tory go together like any two things that are always known to be together.

True. However it would also be impossible to get a Rizla paper between most Labour, LibDem & Tory politicians these days.

Sign in to participate in the conversation

The social network of the future: No ads, no corporate surveillance, ethical design, and decentralization! Own your data with Mastodon!