Why Is It The Scottish Courts They Run To First?

[cassa333]

Why is it the Scottish courts the remainers run to first when they want to stamp their feet?

Why not the English high court? Is there a benefit to go north? And if so why don’t we abolish the English courts and just rely on the Scottish?

I’m not anti Scottish or anything but just wonder why they go there?

[davebro]

Maybe it's this https://www.bbc.co.uk/news/uk-scotland-49933273

[Old_Geezer]

If so, in which case it'd only apply to this latest incident, it'd be pointless. Is the suggestion that the EU isn't well aware of the situation, a rump parliament forcing the letter to be written and sent, and the Prime Minister trying to find a way to honour his previous statements ?

In any case this is another open & shut case since the law was complied with, so no doubt we'll soon hear about how the judgement was utterly unlawful and thus didn't happen.

[cassa333]

If we as a nation, regardless of who is in the driving seat, go to the courts every time the government doesn’t do what our particular group wants it is a slippery slope to something not quite like a democracy.

I’m sure there is a parliamentary process that should be followed and redress that way. Otherwise the courts become king and arbiter.

[cassa333]

So it’s a Scottish law!? Have the English laws not got something similar?

[douglas9401]

It's what happens when we elect lawyers to represent us in the parly.

[Old_Geezer]

That's the trouble with editing a small bit and finding a need to alter the whole sentence just before posting. Seemed to read ok at the time.

In any case this is another open & shut case since the law was complied with, so no doubt we'll soon hear the judgement about how the action was utterly unlawful and thus didn't happen.

[anotheoldgit]

There should be no Scottish Law, Irish or Welsh, or Parliaments if it comes to that, we are supposed to be a United Kingdom, one law one Parliament

[douglas9401]

It doesn't really matter what you think 'should' be, AOG, the fact is that it exists and is being used.

Scots law doesn't recognise tantrums or petted lips as valid argument.

[davebro]

I'm afraid that horse has already bolted AOG - except the NI are doing their best to convince us they have no separate assembly!

[ichkeria]

We are a United Kingdom (for now) but the law has never been the same in all parts of it.

[Old_Geezer]

It's a side issue, but I think it's a reasonable suggestion/belief that a nation ought to apply the same law throughout. But I guess local law is a thing.

[Old_Geezer]

However if this is local to Scotland and the issue is a UK one, local ought not apply.

[ToraToraTora]

what has been referred to the Scottish courts?

[davebro]

An application to defer their ruling on whether Boris is in contempt for not sending the extension request or whether the court should do so instead.

[davebro]

Apparently he has sent an unsigned request & a letter saying he doesn't want them to approve an extension. The Remoaners want to wait for Brussels reaction.

[dannyk13]

TTT, I won't tell you to keep up but:-
https://www.dailymail.co.uk/wires/pa/article-7594035/Judges-decide-unsigned-Brexit-letter-puts-PM-contempt-court.html

[ToraToraTora]

well the surrender act said he had to send the letter, it didn't say anything about signing it or indeed sending other letters. Maybe the act was less than water tight after all.

[Quizmonster]

An unsigned letter is, in effect, a letter "from no one". Consequently, I cannot see how Johnson can, simultaneously, claim the letter is "from him!
Whether this action is legally "contempt of court", I have no idea, but it certainly seems contemptuous of someone!

[Quizmonster]

Quite, TTT, as you yourself claim (quote) - "HE had to send the letter."

[ToraToraTora]

sloppy "legislation" then.