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| Version 0 | Version 1 |
|---|---|
| Scottish judges to rule on Brexit delay letter to EU | Scottish judges to rule on Brexit delay letter to EU |
| (about 11 hours later) | |
| Three Scottish judges are due to announce whether a court can sign a Brexit extension letter on behalf of the government. | |
| The Inner House of the Court of Session, Scotland's highest court, is being asked to act directly if Boris Johnson refuses to request a delay. | The Inner House of the Court of Session, Scotland's highest court, is being asked to act directly if Boris Johnson refuses to request a delay. |
| The letter is a key provision of what is known as the Benn Act, by which MPs hope to prevent a no-deal Brexit. | The letter is a key provision of what is known as the Benn Act, by which MPs hope to prevent a no-deal Brexit. |
| Lord Carloway said the judges will give their decision at 11:00 BST. | Lord Carloway said the judges will give their decision at 11:00 BST. |
| The court also heard an appeal against a ruling that Mr Johnson can be trusted to apply the law. | The court also heard an appeal against a ruling that Mr Johnson can be trusted to apply the law. |
| Abide by the law | Abide by the law |
| Lord Pentland said following an earlier hearing that there could be "no doubt" that the prime minister had agreed to abide by the law. | Lord Pentland said following an earlier hearing that there could be "no doubt" that the prime minister had agreed to abide by the law. |
| As a result, he said there was no need for "coercive orders" against the UK government or against the prime minister. | As a result, he said there was no need for "coercive orders" against the UK government or against the prime minister. |
| The case has been brought by three petitioners - businessman Dale Vince, QC Jolyon Maugham and SNP MP Joanna Cherry. | The case has been brought by three petitioners - businessman Dale Vince, QC Jolyon Maugham and SNP MP Joanna Cherry. |
| They want the court to use its "nobile officium" power to, in effect, sign a letter to European leaders on behalf of Mr Johnson if the prime minister refuses to do so himself. | They want the court to use its "nobile officium" power to, in effect, sign a letter to European leaders on behalf of Mr Johnson if the prime minister refuses to do so himself. |
| What is the nobile officium? | What is the nobile officium? |
| The procedure of petitioning the nobile officium is unique to Scots law, but is far from being a forgotten backwater of the legal system. | The procedure of petitioning the nobile officium is unique to Scots law, but is far from being a forgotten backwater of the legal system. |
| Its name is a Latin term meaning the "noble office". | Its name is a Latin term meaning the "noble office". |
| The procedure offers the opportunity to provide a remedy in a legal dispute where none exists. | The procedure offers the opportunity to provide a remedy in a legal dispute where none exists. |
| In other words, it can plug any gap in the law or offer mitigation if the law, when applied, would be seen to be too strict. | In other words, it can plug any gap in the law or offer mitigation if the law, when applied, would be seen to be too strict. |
| In this case, it would see an official of the court sign a letter to the EU requesting a Brexit extension, as set out in the Benn Act, should the prime minister refuse to. | In this case, it would see an official of the court sign a letter to the EU requesting a Brexit extension, as set out in the Benn Act, should the prime minister refuse to. |