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)
We expect this to be the start of January.
In addition, all amendments have been completed with respect to the closed record, a procedure which was occasioned by the withdrawal of the Scottish Government from proceedings.
This now being complete, the arguments, in this case, are now available for public release and can be viewed here: dropbox.com/s/6t7vzxuw9ask…
Today has been a good day in advancing this serious matter of law with respect to the constitutional question, and to get a proper determination that it is legally competent for the Scottish Parliament to legislate for a second referendum without the consent of Westminster.
For months, we have had to face down procedural hurdles occasioned by the Scottish Ministers, the Lord Advocate and the Advocate General which have caused delay after delay for no other reason than the fact that our position is beyond argument.
Today Lady Carmichael's ruling puts an end to these deliberate attempts to block and slow down this case from coming before the court. We thank her for her fair-minded ruling.
Now this question, being asked by over 7000 members of the electorate, will finally see a proper debate within Scotlands highest court for a determination on the substantive arguments before it."
Game on!
Sincerely
Martin James Keatings
Convener | Forward as One
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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.
Tonight I update you on the fact that we're now going to court.
We have now received the interlocutor confirming that the closed record has been received by the court and a By Order (Adjustment) Roll hearing has been fixed for Wednesday 30 September.
In English: The interlocutor is the order of the court which states that they accept the "closed record". The closed record is basically a combined folder of all the pleadings (submissions) for ourselves and for the other parties to the case, all organised into an ...
MARTIN JAMES KEATINGS v (FIRST) THE ADVOCATE GENERAL FOR SCOTLAND; (SECOND) THE LORD ADVOCATE; and (THIRD) THE SCOTTISH MINISTERS (Commonly referred to as "The Peoples Action on Section 30" case.)
The case is seeking a declarator of the Court, that the Scottish Parliament has the power to legislate for the holding of a referendum on whether Scotland should be an independent country, without requiring the consent of the UK government.
We've just had word that the Scottish Government have enrolled a standard motion to establish whether the case should proceed under Judicial Review or Ordinary Cause. (Different types of procedures) and also to establish whether the case has permission to proceed.
Both of these are normal because under the Court of Session Act 1988 a judicial review requires consent from the Lord Ordinary (judge in the court of session) to proceed.
While this is all pretty standard stuff. I'm not quite sure what the specifics are yet, but they will come in good time.