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Sir James Eadie QC has finished his submissions for the Prime Minister in defence of the case brought by Gina Miller. Lord David Pannick QC now has the right to reply.
In summary, David Pannick says he’s asking the court to declare that the proroguement of five weeks, in the specific context of current events, is an abuse of power because it breaches Parliamentary sovereignty at a moment when “time is of the essence” over Brexit.
If the PM loses, he would then be required to retake his decision over the duration of a prorogation and take into account what the judges say abiout Parliamentary sovereignty. Pannick is not asking the judges to set out how long a prorogation should be.
Incidentally - Lord Pannick’s argument that the court is simply being asked to rule the PM got this one wrong in very specific cirumstances - and should be told to have another go at getting it right - is how many judicial reviews play out.
We’ve had a short adjournment for Lord Burnett and the two other senior judges to consider releasing to the media a copy of the PM’s handwritten note on prorogation. Lord Burnett says we should have it under the #openjustice principle.
Lord Burnett says the judges are going to deliver their judgement at 10 tomorrow morning with an expectation that one side or the other will want to appeal to the Supreme Court.
#dringdring #dringdring that's the sound of open justice
