We believe the Government's proposed Withdrawal Agreement is contrary to section 55 of the Taxation (Cross-border Trade) Act 2018 legislation.gov.uk/ukpga/2018/22/…
Unless and until Section 55 is repealed by the UK Parliament it is simply not open, as a matter of law, for the United Kingdom to enter into such an agreement.
I intend to lodge an immediate petition for an injunction in the Court of Session preventing the Government from placing the Withdrawal Agreement before Parliament for approval. We expect that petition to be lodged tomorrow and to be heard on Friday.
The legal team is Aidan O'Neill QC and George Peretz QC instructed by Elaine Motion of Balfour+Manson.
We will be asking for your help to fund the petition. As usual, not one single penny of the monies raised will go to me. The crowdfunder should be live shortly here crowdjustice.com/case/proposed-…
We do not understand how the Government might have come to negotiate a Withdrawal Agreement in terms that breach amendments tabled by its own ERG. (Background Briefing here researchbriefings.parliament.uk/ResearchBriefi…).
If the proposed Withdrawal Agreement is unlawful, the Government will be obliged to request an extension as mandated by the Benn Act and in accordance with undertakings given to the Court of Session in Vince, Maugham, Cherry v Boris Johnson.
If you would like to help the rather hurried crowdfunding page is now live. (Thank you.) crowdjustice.com/case/proposed-…
