NI: Leave hearing fixed for case arguing Johnson ‘acted in bad faith’ on Brexit

NI: Leave hearing fixed for case arguing Johnson ‘acted in bad faith’ on Brexit

Patricia Coyle

Judges will decide on Wednesday whether a judicial review centred on whether Prime Minister Boris Johnson acted in bad faith by signing the Brexit deal can go ahead.

The proceedings have been brought by an anonymous litigant who lives near the border and seeks a court declaration that Mr Johnson signed the Withdrawal Agreement and Northern Ireland Protocol for improper purposes, constituting an act of bad faith.

Although the High Court initially refused an urgent hearing on the subject, a leave hearing was fixed for Wednesday 9 December after the Court of Appeal referred the challenge to a senior judicial review judge.

Solicitor Patricia Coyle of Harte Coyle Collins, representing the applicant, said: “Following some delays, in what is a time-sensitive legal challenge, my client welcomes the ruling yesterday by the Court of Appeal which is a significant step in our client’s attempt to have both a substantive hearing and examination of the evidence in respect of the Prime Minister’s intentions and conduct in relation to the Withdrawal Agreement.

“The judicial review hearing on the 9th December 2020 is a leave hearing at which the senior judicial review judge will decide whether the challenge against the Prime Minister moves to the next stage of examination of the substantive case.”

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