Special power of Scottish court could force Boris Johnson to extend Article 50
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Boris Johnson
A special power of Scotland’s Court of Session has been brought to bear on Prime Minister Boris Johnson personally and could allow a functionary of the court to sign in his place – forcing him to extend Article 50.
A new case has been brought before the Edinburgh-based court, which shocked commentators earlier this week by ruling that Mr Johnson’s advice to the Queen to prorogue Parliament was “unlawful”, as reported in full in our sister publication Scottish Legal News.
Dr Stephen Thomson, the leading authority on the nobile officium, which allows the Court of Session to make any order it considers equitable, said it can permit the Clerk of Court to sign in place of unwilling, “recalcitrant persons”.
A petition has been made to the nobile officium in fresh proceedings issued against Mr Johnson compelling him to satisfy his legal obligations under the ‘Benn Act’ and send a letter to the European Union asking for an extension to Article 50, SLN reports.
The case has been brought by Dave Vince OBE, the environmentalist and businessman, Jolyon Maugham QC and Joanna Cherry QC MP.
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