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Joshua Rozenberg
@JoshuaRozenberg
, 3 tweets, 1 min read Read on Twitter
Keen: Lord Carloway said that a total of seven sitting days would be lost So it’s not five weeks, as he says.

Lord Kerr: why seven days?

Keen: why not? How can a court decide this?

Lady Black: could parliament have been prorogued after the conferences?

Keen seems to agree.
Keen: the Inner House was operating under a fundamental misconception about how parliament operates.

Lord Reed: there’s a lot in Da Costa’s minute.

Keen: and yet the judges have set it aside.

There’s no evidence that parliament would have cancelled the conference recess.
Keen sums up by saying that the Scottish ruling should be set aside. Adjourned until tomorrow, 1030.
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Joshua Rozenberg
@JoshuaRozenberg
It will be interesting to see whether the justices ask Sir James Eadie QC the questions they put to Lord Keen QC yesterday about how the PM would respond to a declaration that his advice to HM was unlawful. Might he seek to recall parliament and prorogue once again?
It’s also worth remembering that Sir James Eadie’s arguments were successful at the High Court in London a couple of weeks ago. Three senior judges held that the claim brought by Lord Pannick QC on behalf of Gina Miller was ‘not justiciable in Her Majesty’s courts”.
Sir James Eadie QC has been First Treasury Counsel (“Treasury Devil”) for 10+ years. He’s an independent barrister in private practice (at @BlackstoneChbrs like Lord Pannick) but is briefed only by the government of the day and argues the most important cases on its behalf.
Read 24 tweets
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Joshua Rozenberg
@JoshuaRozenberg
Pannick: what if another PM wanted to prorogue for six months or a year? Dicey, relied on by the PM, is not an answer. We only seek a declaration that the advice to HM was unlawful —because the PM has promised to comply with any declaration.
Pannick completes his submissions. If he can’t win this case, nobody can. But it’s very difficult to read the court, particularly at this early stage. We’ll hear the government this afternoon.
Lord Keen of Elie QC opens his appeal against the Court of Session ruling. He’s the Advocate General for Scotland, part of the UK government, and not to be confused with the Lord Advocate, He’s expected to deal mainly with the facts. Sir James Eadie QC will deal with law tomorrow
Read 21 tweets
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Joshua Rozenberg
@JoshuaRozenberg
Good morning. I’m not at the @UKSupremeCourt but I plan to follow the livestream all day and live-tweet the arguments. The court is hearing separate appeals that raise similar issues: is the PM’s advice to HM to prorogue parliament justiciable? And, if so, was it lawful? (thread)
It’s a three-day hearing so there won’t be any indication of the result before Friday. I’d say a result next week is more likely, perhaps will full reasons to follow. Today the 11 justices will hear from the appellants, who lost in the national courts. Tomorrow, the respondents.
This morning, Lord Pannick QC, for Gina Miller, will argue that the High Court of England and Wales erred in law by failing to find that the advice of the PM was an unlawful abuse of power. The court was also wrong to treat the case as inherently political and so non-justiciable.
Read 45 tweets

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Raphael Hogarth
@Raphael_Hogarth
This is a 900-word summary of what happened in the Supreme Court yesterday, for anyone who is catching up in order to follow today.

Probably more detailed than what you'll read in the papers, but hopefully more accessible than listening to 5 hours of submissions.
1/
Lord Pannick QC, for the challengers in England, made 3 main points.

First: the PM prorogued for 5 weeks in order to avoid parliamentary opposition to his policies.
2/
To support this, Lord Pannick said
- look at the PM's quotes (eg below)
- if the prorogation was just for a new Queen's Speech, as the PM claims, why was it so long?
- also, if the prorogation was just for a new QS, why didn't the PM want to make a witness statement saying so?
3/
Read 22 tweets
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Dominic Casciani
@BBCDomC
Ok we're now underway. Starting with Lord (David) Pannick QC for Gina Miller. Reminder - she lost at the English High Court. Her argument is that the PM prorogued Parliament for a longer period than usual to prevent discussion of his Brexit policy.
He says the Prime Minister's prerogative power has been misused to prevent Parliamentary debate of Brexit. The PM's prerogative power is accountable to Parliament - but he has used it to try to evade being held accountable.
"It conflicts with the basic principle of our constitutional law." Prerogative powers are subject to the powers of a democratically-elected Parliament, he says.
Read 32 tweets
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Dominic Casciani
@BBCDomC
Lord Pannick has been covering the anticipated attack from the PM's team that the High Court can't rule one way or another. This is a legal concept with an almost unpronounceable name - "justiciability". Sometimes judges rule a case is not "justiciable"
Takes a bit of explaining: Some actions by ministers are in a grey area between high policy and law. An example would be granting a pardon to a convicted criminal (including after execution in the old days) or how ministers should conduct international relations.
The courts are often wary to tread into this area because it may tie the hands of the government in an area where ministers need a wide degree of discretion about how to approach a problem. So sometimes these cases are ruled to be not justiciable.
Read 12 tweets
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Dominic Casciani
@BBCDomC
Lord Pannick is opening for Gina Miller, explaining to the court why they are bringing the challenge against the PM's power to prorogue Parliament for up to five weeks. In the last 40 years, Parliament has never been prorogued for longer than three weeks, he says.
In most cases, it has only been prorogued (the ending of a Parliamentary session) for a week or less, he adds.
This is the heart of the case. Proroguement would curtail the time available to MPs to discuss, debate and bar what to do as the EU Brexit deadline looms.
Read 3 tweets
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Bonkers Betty
@bonkers_betty
Five years ago, I was shacked up in a wobbly shed at the bottom of a garden.

I was a single cat with three tiny kittens to feed.
The pretty lady who owned that shed didn't know I was living in it.

I used to sneak in through a hole at the back.

I gave birth to my three kittens in there.
At the other end of the garden to the wobbly shed there was a warm house with pillows and fires and food cupboards.

I wanted to live there with the pretty lady and her two fat, lazy, overfed cats.
Read 29 tweets
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Milad Jokar
@Milad_Jokar
#Total CEO Patrick Pouyanné: [#Trump's] announcement on #Iran clearly is pushing the price up. And I would not be surprised to see $100 per barrel in the coming months because, clearly, you will have some impacts. 
#Oil #IranDeal
csis.org/analysis/conve…
#Pouyanné: we know we are back to the situation we were before the 2016 agreement, and in the meantime #Iran has grown its exportation by 1 million barrel(s) per day. So this 1 million barrel(s) per day is in question today.
#IranDeal
#Total CEO Pouyanné: We have decided to look to that project in Iran because of the #JCPOA, which means end of secondary sanctions. As soon as the U.S. decide to put back in place the secondary sanctions, there is no possibility for us to be a major company, a global company.
Read 9 tweets

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