There are quite a few asking about the timetable moving forward on the #PeopleAS30 case, so we can give you a preliminary idea of what happens next in terms of judicial review. However, please be advised that this is subject to change in light of #COVID19
As you all know, on Friday, we formally served the summons on the Advocate General of the UK Government. This was by recorded delivery. There is a 21 day period of "service" and that clock starts today.
This will bring us to the 14th of April 2020. On the 14th, our legal counsel will formally lodge the summons with the court. At this point, it will formally "Call in Court".
Once it calls in court. The UK Government and the Scottish Government will have a period of seven days to "lodge defences". In reality, it will take the form of the UK Government lodging disagreement with why they think it is not competent for the Scottish Parliament...
...to legislate for a second referendum without the consent of Westminster. For the Scottish Government, they will obviously lodge their interpretation of why it would be perfectly lawful for the Scottish Parliament to legislate on a second referendum.
At the conclusion of the seven day period. Our legal counsel will then prepare what is called the "open record". This is basically an amalgamated collection which incorporates both the Summons and the Defences.
A period of "adjustments" will then be afforded by the court to allow all sides to review each other's submissions and tweak their own.
From this point on it is mostly administrative. Realistically the big things start to happen around mid May.
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You all know that the #PeoplesAS30 is about the future of Scotland. What you might not be aware is that due to the pandemic, every single aspect of this case has been conducted digitally from start to finish.
The entirety of this case has used technology, which mere weeks before it, was never used by the court and by the time it ends, the case will have likely been the very first constitutional case ran digital from start to finish. In other words a test case for modernisation...
....of the Scottish Courts system.
This is kind of appropriate if you think about it - a case about the future of Scotland being one of the first cases fought from start to finish in a modernised court system.
This thread has the 5 most important documents from the case for people who don't know anything about it and is a great resource to give to anyone with questions.
I am pleased to announce that today, Lady Carmichael has ruled in our favour during a hearing conducted by video conferencing.
The decision has been made not to allow the Lord Advocate or Advocate General to place further procedural barriers in the way of this case coming before the court for a full hearing.
She has ruled that a number of weeks of exchanging written arguments between parties will now take place, in order to make things more efficient. This will be immediately followed by the case being scheduled to be heard in full before the court of session in a 2-day hearing)
Individuals requesting access to the hearing on the 4th at the Court of Session have received a reply with information on how to gain access to view proceedings. It seems that the court has decided to publish the details publicly. Therefore we're sharing what has been advised...
...so that the court is not inundated with emails.
In their response to requests for access they said:
For those interested in dialling-in to the Martin Keatings v the Advocate General & Others hearing on 4 November, please see the Scottish Courts and Tribunals web page for access details - which will be published once available.
We are now less than 7 days from what is known as the by-order roll hearing. This hearing is to establish the schedule and process moving forward where parties are unable to agree. It is also the point where things should become public in terms of the arguments made.
We are hoping this hearing will also be available for public consumption. With COVID 19, the courts are currently conducting many of the hearings by teleconferencing and by video conferencing.
As you are aware, there have been several developments in the last month, not least the First Ministers announcement of a draft bill to be laid before the Scottish Parliament.
Last nights social media event went much better than expected and as a result, at the point of writing this email, we are less than £11,500 from our £155K target. Not to mention the fact that my inbox was inundated with press enquiries.
So! With that in mind, we think that if we can get one last push by repeating the same tonight, we can hit our target by Monday morning and have a bit of a Monday morning surprise for the UK Government.
So! Please read carefully
We have a small favour to ask.
Tonight at 8 pm exactly, we ask that you send out a post or tweet on social media which includes the hashtag #peoplesAS30 and the link below.