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Scottish Appeal Court delays decision on a petition seeking to ensure the Prime Minister requests an extension to Article 50 withdrawal period (Dale Vince OBE, Jolyon Maugham & Joanna Cherry QC MP v The Prime Minister and the Lord Keen of Elie)

Scottish Appeal Court delays decision on a petition seeking to ensure the Prime Minister requests an extension to Article 50 withdrawal period (Dale Vince OBE, Jolyon Maugham & Joanna Cherry QC MP v The Prime Minister and the Lord Keen of Elie)
Published on: 11 October 2019
Published by: LexisPSL
  • Scottish Appeal Court delays decision on a petition seeking to ensure the Prime Minister requests an extension to Article 50 withdrawal period (Dale Vince OBE, Jolyon Maugham & Joanna Cherry QC MP v The Prime Minister and the Lord Keen of Elie)
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • What happens next?
  • Case details

Article summary

Public Law analysis: The Inner House of the Court of Session, Scotland’s highest court of appeal for civil cases, recently heard a petition to the special jurisdiction of the Court of Session (the nobile officium), and an appeal in relation to a similar petition presented to the Outer House of the Court of Session (court of first instance), in an effort to ensure that the Prime Minister seeks an extension to the withdrawal period under Article 50 TEU. Prior to raising the petition, campaigners who were involved in the recent court action concerning the Prime Minister’s attempts to prorogue Parliament (Dale Vince OBE, Jolyon Maugham QC and Joanna Cherry QC) wrote to the Prime Minister seeking an undertaking that he would fulfil his duty to write to the EU seeking an extension. As no such undertaking was forthcoming, on 12 September, the petitioners lodged a petition at the Court of Session. Following a substantive hearing on the petition heard by Lord Pentland sitting in the Outer House on 4 October, the court dismissed the petition. On appeal, the Inner House agreed with the reasoning of Lord Pentland, and continued consideration of the appeal and petition to 21 October 2019. Written by Graham Horn, associate, at MacRoberts LLP. or take a trial to read the full analysis.

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