• STV
  • MySTV

Boris Johnson 'will ask for Brexit delay if deal not reached'

The PM is required to send a letter requesting an extension if no deal is reached by October 19.

Johnson: Must send letter requesting delay.
Johnson: Must send letter requesting delay.

The Prime Minister has accepted he must send a letter requesting an Article 50 extension if no deal is agreed with Parliament by October 19, Scotland's highest civil court has heard. 

Documents submitted to the Court of Session on behalf of Boris Johnson were read out on Friday, in which he makes it clear he will not attempt to frustrate the so-called Benn Act. 

The legislation, passed by Westminster last month, requires the Prime Minister to ask the EU for a Brexit extension to January 31 if Parliament does not agree to any withdrawal deal Number 10 may come back with by October 19. 

Legal action launched at the Outer House of the court seeks to create an order which would force Mr Johnson to send the letter and prohibits him from frustrating the Act's purpose. 

This includes banning him from asking EU member states to deny the letter's request or by sending an additional letter which contradicts it. 

Aidan O'Neill QC, representing the campaigners behind the legal action, claimed Mr Johnson's previous statements go against what he has said to the court through the documents. 

He referred to promises made by the Prime Minister that he would rather be "dead in a ditch" than send a letter requesting an extension, and that the UK will leave on October 31 "do or die". 

Mr O'Neill said: "We can't trust this Government, in light of statements it has made, that it will comply with the law." 

The trio behind the court action - businessman Vince Dale, SNP MP Joanna Cherry QC and Jolyon Maugham QC - are seeking an order to ensure Mr Johnson requests an extension if he refuses to abide by the terms of the Benn Act. 

The hearing before judge Lord Pentland continues. 

Meanwhile, a judge at the court's Inner House has said it would be "unprecedented" for an official to exercise powers to sign an Article 50 extension on behalf of Mr Johnson. 

It heard the unique power of nobile officium - which would allow a court official to sign the letter - has never been used over a Prime Minister. 

Lord Drummond Young said: "In the circumstances of this case, it is unprecedented. There's a question of competence." 

The three judges - Lord Drummond Young, Lord Menzies and Lord Turnbull - set the date for the hearing on this aspect of the case for Tuesday.

Download: The STV News app is Scotland's favourite and is available for iPhone from the App store and for Android from Google Play. Download it today and continue to enjoy STV News wherever you are.

One account. All of STV.

This field is required. That doesn't look like a valid e-mail format, please check. That e-mail's already in our system. Please try again.
ShowHide
Forgot password?
This field is required. This must be at least 6 characters long. Did you enter your details correctly?
If you've forgotten your details then use the 'Forgot password?' link.
Need to reset your password?

We'll send a link to reset your password to

We've sent you details on how to reset your password

Please check your email and follow the instructions.

Forgotten your email address?

Have you forgotten the email address that you previously joined with? Don't worry, by emailing enquiries@stv.tv we can help.

One account. All of STV.

This field is required. Please enter at least 2 characters
This field is required. Please enter at least 2 characters
This must be at least 6 characters long.
ShowHide
This field is required. This must be at least 6 characters long.
You must be over 16 to join STV.
This field is required. This doesn't appear to be a valid date
We need this to check that you live in an STV region.
This field is required. This doesn't appear to be a valid postcode
Would you like us to email you about our great shows and services from time to time?
We'll only send emails we think you'll like (see example) based on information you have supplied and shows you have watched on STV Player. For details on emails and advertising, see our STV & You page.
Would you like to receive emails from the Scottish Children's Lottery about draws, instant games and competitions?
We support the Scottish Children's Lottery (SCL), which is managed by our colleagues at STV ELM Ltd. You can find out more about the SCL on its website, including its Privacy Policy.

By continuing you agree to our Terms of Use, and understand our Privacy and Cookie Policies.

Upload Profile Picture

Please make sure your image is under 2mb in size and a valid JPG, PNG or GIF.

Are you sure?

Unfortunately, you'll be unable to access our premium content. We’ll be sorry to see you go, but if you change your mind you can rejoin us at any time.

Please verify your STV account

Please verify your STV account using the email we sent you. If you have lost the email, we can send you another one, just click the button below.

Thanks

We've sent you a new verification email.
Please check your email and follow the instructions to verify your account.

Welcome to STV
Thanks for joining us.

Oops!

Sorry, you must be at least 12 years old to place a vote for your Real Hero.

Please review our Voting Terms of Use for more information.

Oops!

Sorry! It seems that you are using a browser that is incompatible with our voting service.

To register your vote please copy the below URL in to your regular mobile browser. We recommend Google Chrome, or Safari.

http://shows.stv.tv/real-heroes/voting

Oops!

Sorry, you seem to have already voted in this category.

Thanks for voting

Now share your vote with friends on your social network

Share on twitter Share on facebook

Cast your vote

Please register or sign in to continue.

Cast your vote

This field is required. This doesn't appear to be a valid date

Cast your vote

Please fill out this form to cast your vote. As you are under 16 years old you will not create an STV account. Why do we need these details?

This field is required. Please enter at least 2 characters
This field is required. Please enter at least 2 characters
This field is required. That doesn't look like a valid e-mail format, please check.
Location This field is required.
Parental Consent This field is required.

That's you. All that's left is to click the 'Submit Vote' button below. By doing so, you confirm that you and your parent or guardian have read and accept our Voting Terms of Use, Privacy Policy and Cookie policy, and that the details you have entered are correct. We'll look after them as carefully as if they were our own.