Brexit Bitesize – Scottish Court Decision
The closing of the doors of Parliament in the early hours of Tuesday morning has not ended the debate in respect of the prorogation of Parliament.
A panel of three Judges in Scotland’s highest Court – the Court of Sessions – has now ruled that the suspension is an unlawful attempt to stymie Parliament.
Lord Brodie’s judgment is scathing of the Government’s actions, describing them as “an egregious case of a clear failure to comply with generally accepted standards of behaviour of public authorities”.
The Government will now appeal this decision and that appeal will be heard by the UK Supreme Court.
Whatever the outcome of that hearing, the issue can already be seen that the highest Scottish court has made its decision and it has done so pursuant to Scottish Law. That decision may however be overturned by the final appellate Court for the UK, based in London and made up of English Judges.
From a constitutional law point of view, there was a reason for this action being taken in the Scottish Courts, as they are not bound by some constitutional decisions made in the English Courts dating back to the Victorian era.
It may however be that those aged precedents are ultimately what decides the outcome of this case on final appeal.
The Scottish claimants would be unlikely to see that as justice done if that did come to pass.
Meanwhile, the wider ramifications of a judicial decision that says that the Prime Minister effectively misled the Queen will no doubt play out over the coming days.
If you have any questions about the latest Brexit updates, please contact Partner, Giles Searby at firstname.lastname@example.org or call Giles on 0114 252 1423.
Manufacturer’s Brexit Round Table – Succeeding in International Trade beyond Brexit
Keebles have joined with SITC to discuss key issues facing manufacturing businesses post-Brexit.
Date: Thursday 24 October 2019
Time: 8:30 AM until 11 noon
Venue: Adelphi Room at Crucible Theatre, Norfolk Street, Sheffield, S1 1DA.
Paul Trudgill, Partner and Head of Manufacturing at Keebles LLP – Welcome and Introduction
Nick Patrick, Head of the Sheffield International Trade Centre – The Trusted Trader / Authorised Economic Operator Regime
Giles Searby, Partner at Keebles LLP and Tom Rook, Solicitor at Keebles LLP – Brexit issues in international commercial contracts
Carys Everitt, Legal Director at Keebles LLP – Brexit and international personal data transfers
This is an event for Manufacturers to reflect on the impending Brexit deadline and its impact – deal or no deal – beyond 31 October.
For any further information about the event or to reserve your place, please email email@example.com