Legal challenge to Boris Johnson’s shut-down of Parliament to be decided next week
Time is ticking down: But the wheels of justice move slowly.
The BBC ought to have a slapped wrist for the headline on one of today’s (August 30) biggest stories.
Judge refuses to halt Parliament suspension plans implies that a legal challenge to Boris Johnson’s prolonged prorogation of Parliament has been stopped altogether, and that isn’t correct.
No – the bid by 75 MPs to secure an interim interdict, ruling it illegal and unconstitutional for the shutdown to take place now, has only been delayed.
The Scottish judge, Lord Doherty, wants access to the arguments of both sides – including the government – before making a decision.
His announcement is therefore expected on Wednesday – which is still in good time before the prorogation can come into effect.
A Scottish judge has refused to order a temporary halt to Boris Johnson’s plan to shut down the UK Parliament.
A group of 75 parliamentarians were seeking an interim interdict – similar to an injunction – at the Court of Session ahead of a full hearing.
Their request was declined by Lord Doherty, who said he was not satisfied there was a “cogent need” for an interdict.
However the full hearing will now be heard next Tuesday, rather than Friday.
Lord Doherty said this was because it was in the interests of justice, and in the public interest, for the case – which is opposed by the UK government – to proceed as quickly as possible.
The judge will not decide on the merits of the case until he has heard legal arguments from both sides on Tuesday, with his final ruling potentially being delivered the following day.
Whatever the outcome next week, the prorogation challenge is likely to be appealed – to the Inner House of the Court of Session and the UK Supreme Court.
Source: Judge refuses to halt parliament suspension plans – BBC News
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