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The Court of Session in Edinburgh is being asked to compel the Prime Minister to request an extension to Article 50 if no deal is in place for leaving the EU.
The case is being brought by the businessman Dale Vince, Jo Maugham QC and the MP Joanna Cherry QC who say they want to force Boris Johnson to comply with legislation (Benn bill ) passed at Westminster.
The litigants say the proceedings are in Scotland because Inner House Court of Session has a power not available to English Courts (nobile officium) which they say would allow the court, if it found in their favour, to sign letter mandated by the Benn Act if PM refuses to do so.
So those bringing the case are going to ask the court to sign the letter to EU requesting an extension if the PM doesn’t get a deal and refuses to sign the letter mandated by the Benn Bill.
Legal team will be the same one which won the ruling in the ECJ that the U.K. could unilaterally revoke Article 50, and which won a ruling in the Inner House yesterday that suspension of parliament unlawful
Defer to my learned friends on this, but the nobile officium has been described to me as a 'discretionary' and 'extraordinary, remedy. Those who know the law want to weigh in?
