A FULL hearing in the legal challenge to ensure Boris Johnson "obeys the law" and seeks an extension to the UK's exit from the EU has been shifted to Friday.
The case lodged at the Court of Session is being taken by businessman Dale Vince, QC Jo Maugham and QC and SNP MP Joanna Cherry.
Mr Maugham has believed a substantive hearing had been scheduled for Thursday in the Outer House of the Court of Session. Lord Pentland, the judge, said during a short directions hearing he would hear the case on Friday and issue his ruling on Monday.
An expected appeal to the Inner House, the senior tier of the Court of Session would be on Tuesday and a potential Supreme Court hearing is expected on the week commencing October 14.
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That's three days before any revised Brexit deal will have to be agreed by leaders at an EU summit.
Our legal bid to make sure @BorisJohnson obeys the law under #BennAct & seeks #Art50 extension will be heard on Friday with thanks to @DaleVince @JolyonMaugham & the legal team who won the #Cherrycase #Brexit https://t.co/A66gXeeeoK
— Joanna Cherry QC MP (@joannaccherry) October 1, 2019
#
If it is not, the Benn Act is due to kick in, which aims to prevent a no-deal Brexit by forcing the Prime Minister to ask Brussels for a delay.
Ms Cherry earlier said the legal action has commenced "to make sure the Prime Minister obeys the law and the will of Parliament to seek an extension of Article 50 period after October 19 to avoid No Deal Brexit."
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The new court action has been funded by Mr Vince, a millionaire businessman and political donor who founded the green energy company Ecotricity and Mr Maugham, director of the Good Law Project.
Mr Maugham was one of the driving forces behind the legal battle in Scotland to stop Boris Johnson forcing through a no-deal Brexit by proroguing Parliament.
The European Union (Withdrawal) (No 2) Act 2019, known as the Benn Act, was passed by parliament last month and requires the government to ask for an extension until January 31, 2020 if no deal is agreed.
But Boris Johnson has consistently said that the country would leave the EU on October 31, deal or no deal.
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