Earlier today, a legal bid to challenge the suspension of parliament has succeeded at the appeal court in Edinburgh, with judges ruling Boris Johnson’s prorogation of parliament to be “unlawful”. A group of around 70 parliamentarians had appealed against a ruling by a judge at the court that Boris Johnson’s prorogation of Parliament was lawful. Judge Lord Doherty originally dismissed a challenge against the suspension – which went ahead in the early hours of Tuesday – at the Court of Session last Wednesday, saying it is for politicians and not the courts to decide.
But three judges of the Inner House, the supreme civil court in Scotland, disagreed with Lord Doherty’s ruling.
The UK Government plans to appeal against the latest ruling to the Supreme Court.
The letter from Ms Miller’s lawyers Mishcon de Reya, sent to the Government Legal Department, says: “There is therefore no legal basis for Parliament to be prorogued and the Commissioners were acting (wholly innocently) without legal authority to do so.
“We note that the Prime Minister has stated in the Miller case that he “will take the necessary steps to comply with the terms of any declaration made by the court.” (see paragraph 60 of the Prime Minister’s Detailed Grounds and Skeleton Argument).
“Accordingly, please inform us what steps will be taken to reconvene Parliament with immediate effect.
“In our view, Parliament can simply resume its functions. We are copying this letter to the Speaker of both Houses of Parliament and to the claimants in the Scottish action.
Earlier today, a legal bid to challenge the suspension of parliament succeeded at the Appeal Court in Edinburgh, with judges ruling Boris Johnson’s prorogation of parliament to be “unlawful”. A group of around 70 parliamentarians had appealed against a ruling by a judge at the court that the Prime Minister’s prorogation of Parliament was lawful.
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