Lady Hale: are you suggesting we dismiss Pannick & Govt cases? 4/
Normal service will be resumed as soon as possible. 6/
Statue of Abraham Lincoln = We must not be enemies. Abe quote.
"Those are the backdrop against which this Court is determining this case."
Lady Hale gently telling O'Neil to get on with it. 9/
Lady Hale: "How to win friends & influence people." 10/
O'Neil: Sandiford still useful to this case.
Lady Hale: Sandiford power = prerogative power, not common law power.
Apologises for length of submission. 12/
Personal comment: O'Neil's 1 hour into a 2 hour session, almost as though he doesn't have enough argument to fill time without waffle. 20/
Justice: Not clear that Cabinet docs taken into account by Inner House. 21/
Some Justices unconvinced. 23/
O'Neil: Look at the principles of the constitution. Is this use of prorogation at this time compatible with principles? 29/
And there you have it. Remain case in a nutshell. Cherry case is about worry around leaving EU. 33/
O'Neil: Only when bullet hits target (when A50 actioned & UK exits existing EU arrangement) does Miller principle arise. No statutory provision that authorises Govt to exit EU without a deal. Prorogation flawed. 34/
Justice: "Remedy sought in Article 18 didn't seek reduction, you got a declarator."
Cherry case wasn't originally about this prorogation. They got a judgement & now want prorogue quashed. 36/
Court adjourned, back at 10:30 tomorrow to hear interveners & replies from Lords Keen & Pannick.
Seriously wondering if O'Neil spends Sundays as a Presbyterian pastor. Very fire & brimstone delivery. /END