Legal Challenge

[dannyk13]

https://www.standard.co.uk/news/politics/judges-reject-libertys-bid-for-urgent-hearing-over-pms-brexit-plan-a4265136.html
"2pm news, Judges throw appeal out.Will give reasons tomorrow.

[youngmafbog]

I am deeply concerned by this latest trend of using Courts to control the country. Ultimately it will lead to a two tier systems where the rich use the Courts to get their way whilst the rest of us who cannot afford it or have backers like Soros will just have to accept it.

[THECORBYLOON]

There's another case at the Court of Session challenging the agreement.

https://www.google.com/amp/s/www.bbc.co.uk/news/amp/uk-scotland-50076186

[Old_Geezer]

In which case, no deal it is.

[dannyk13]

//Secondly, that Northern Ireland will remain in the UK's customs territory when it comes to all future trade deals, and will be the external border to the EU’s single market.// that is from the deal.
//unlawful for Her Majesty's Government to enter into arrangements under which Northern Ireland forms part of a separate customs territory to Great Britain".// That is from the challenge.
Can't see how their appeal can succeed/

[THECORBYLOON]

https://inews.co.uk/news/politics/brexit/brexit-deal-done-northern-ireland-customs-consent-explained-816194

'Customs

Article 4 of the Northern Ireland Protocol clearly states that: “Northern Ireland is part of the customs territory of the United Kingdom.”

Practically speaking, this means Northern Ireland will be included as part of, and benefit from, all future trade deals the UK makes with third countries after Brexit.

However, to get around the problem of a hard border, including checkpoints, with Ireland, Northern Ireland will still come under some EU customs rules - meaning any goods that come from Britain into Northern Ireland will be subject to an EU customs code.'

That shows Ulster will be treated differently from Great Britain.

[Old_Geezer]

Different problem so different solution.
If it's unlawful how can it fail ?
Is it a genuine customs area/union/territory, or is it just mimicking one ?

[dannyk13]

Corby, I still cannot see how the appeal will succeed.Although as the hearing is in Scotland who knows.

[mushroom25]

//In which case, no deal it is //

nope. parliament will see to it that no deal can't possibly happen.
https://www.bbc.com/news/uk-politics-parliaments-50098128

[Old_Geezer]

Is this it https://www.bbc.co.uk/news/uk-scotland-50088993 ?

[andy-hughes]

It appears that Liberty are not willing to allow Parliamentary process to be enacted before they pre-empt the unfolding of events tomorrow - an appalling approach to democracy, they have been rightly rejected.

[THECORBYLOON]

One of the reasons for rejecting the application was that the majority of Ulster's trade is with Great Britain and that would continue.

That means it is not a Customs Territory under the GATT rules.

[mushroom25]

decision of the Scottish court:-
https://www.scotcourts.gov.uk/docs/default-source/cos-general-docs/pdf-docs-for-opinions/2019csoh80.pdf?sfvrsn=0

[jim360]

To an extent relieved at the decision. Not that I'm happy at the Withdrawal Agreement as it now stands, but it's pretty clear what the judge is saying: the WA isn't really incompatible with the law, and even if it is, Parliament can change the law as it wishes -- and, presumably, would -- to accommodate it.

As an aside, it also puts into some perspective the recent decision on prorogation. The Courts understand their role and are keen not to overstep it. Insisting that Parliament not be dismissed for long periods without its consent is much more a matter of principle than about Brexit, and it was sad that people were so busy dismissing it as some sort of elitist plot.