Dale Vince continues legal fight against prime minister Boris Johnson
By James Young | 8th October 2019
Dale Vince's latest legal bid to ensure prime minister Boris Johnson doesn't force through a no deal Brexit at the end of the month has been heard by a top court.
The Ecotricity founder and Forest Green Rovers chairman has been putting his considerable backing behind moves to ensure the so-called "Benn Act" is acted upon by the government.
The Act, which was passed by MPs before the botched prorogation of parliament last month enshrined in statute that the prime minister must avoid no deal.
If a Brexit deal has not been ratified by MPs and the EU by October 31, he must apply for an extension to the negotiation process beyond the end of the month.
Mr has always claimed that he will abide and comply with the Benn Act, although he has also said that Brexit will definitely happen on October 31 and failed to give details on how it would happen.
So, having led the case that saw the proroguing of parliament deemed unlawful by the Supreme Court, Dale Vince was once again in the Scottish courts on Monday.
Mr Vince, alongside SNP MP Joanna Cherry QC and Jolyon Maugham MP launched another legal action at Scotland's Outer House of the Court of Session.
They wanted to ensure that a judge would order the prime minister to send a letter to the EU if no deal had been agreed by the end of October and ask for a delay, as required by the Benn Act.
The case also looked at trying to stop any wriggle room around the law, including removing any notion that the UK could ask the EU leaders to veto the request.
The case, heard on Monday afternoon, brought by Mr Vince, Ms Cherry and Mr Maugham was dismissed by judge Lord Pentland.
In his judgement, Lord Pentland said there was "no doubt" that Mr Johnson "accepts he must comply with the requirements" of the law.
He also added that the prime minister had given "unequivocal assurances" that he would do just that.
He also found that the Vince-led campaign had not proved a "reasonable apprehension of breach of statutory duty on the part of the prime minister."
The campaigners had argued that the "prime minister is not naturally an honest man" and there was reasonable apprehension that he wouldn't comply with the Benn Act.
But any thoughts that Dale Vince and his legal eagles will halt there were quashed with Mr Maugham revealing that the decision would be appealed to the Inner House of the Court of Session.
That case will be heard on Tuesday.
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