Thread by @JolyonMaugham

Where are we with our application for an emergency application for an injunction to prevent a reasonably apprehended breach of the Taxation (Cross Border) Trade Act 2018? THREAD

I start by making the important point that this is necessarily being done in haste. Once the matter gets before Parliament - and we think it may be Govt's plan to put it before Parliament to avoid challenge - there are legal barriers to ensuring that the Act is complied with. /1

This means that you either go early - before you have all of the detail of what the Withdrawal Agreement does - or you don't go at all.

This carries unavoidable risks of getting stuff wrong which you just have to accept and manage. /2

You also have to do stuff before you might otherwise want to. For example, we launched the crowdfunding last night when in a perfect world I would rather have waited a further day or two. /3

There are unavoidable risks - but there are also mistakes.

I did not know that the Northern Ireland flag has associations for some communities. Had I known that, I would have used a different image.

I have asked for it to be replaced with a picture of Stormont. /4

Turning to the substance of the challenge, I remain of the view, following the further detail that leaked overnight, that it is legally compelling.

But that is not the only factor that I am trying to consider. /5

We also need to consider the purpose of a challenge. Here, again, I try to act mindful of my perception of the role of the law in a democracy. I think this mandates an enquiry that extends beyond the technical point that the challenge seeks to uphold the 2018 Act. /6

If we assume that Parliament will not vote for the Withdrawal Agreement then this action serves no useful purpose. It will do a job that some will say might better be done by Parliament.

But what about if we assume Parliament would vote for the Withdrawal Agreement? /7

You are then in a world in which the purposes of a challenge would be much more complex.

Might it, for example, secure that the Government made an application for an extension to give Parliament proper time to consider this momentous document?

That might well be worthwhile. /8

There will be some who would say that, in that world, the purpose of the challenge would be to stop Brexit. For my own part, and I say this as someone strongly personally opposed to Brexit, I have not brought and would not want to bring a legal challenge with that purpose. /9

There is room for reasonable people to disagree, but such a purpose would not meet my own perception of the proper function of the law in a democracy without a written constitution (and see my 6. above). /10

So. I will pause and reflect and take soundings from those I trust this morning before issuing the petition (which we presently plan to do around midday). /11

In the meantime, I have asked Crowdjustice not to draw down any funds pledged. It may be that it is impossible to achieve this - I do not know - but we will have to cross that bridge if we come to it.

Further announcements to follow. /ENDS

I understand that the (amazing) @CrowdJustice will not draw down any pledges without my further say so. So if you want to contribute, you can be certain your money will be used as described and can do so here. crowdjustice.com/case/proposed-…