A Scottish court has ruled it is ‘not necessary’ to issue an order forcing Boris Johnson to ask Brussels for a Brexit delay.
The Court of Session, Scotland’s highest court, said it planned to wait until October 21 to decide whether to issue a ruling that would force the Prime Minister to abide by the law.
The Benn Act compels Mr Johnson to ask for a delay to the Brexit deadline if he’s unable to secure a deal by the Brussels summit on October 18.
But he has repeatedly claimed that the UK will leave the EU on October 31 with or without a deal.
Government lawyers told Edinburgh's Court of Session that Johnson accepted that he must carry out the requirements of the law, known as the Benn Act, even though he has publicly said he would rather be "dead in a ditch" than ask for any further delay.
Anti-Brexit campaigners had sought an order from the court asking it to order Johnson to abide by and send the letter to the European Union if he refused to do so himself.
The court decided it would delay consideration of the case until Oct. 21, after Johnson will have had to ask for an extension if the event no deal has been agreed.
"We have extracted from him a promise that he will comply with the law," said Jo Maugham, a tax lawyer who was one of those behind the Scottish case.
"If he breaks that promise he will face the music - including possible contempt proceedings."
Following the ruling, SNP MP Joanna Cherry said on Twitter : “Delighted to advise Scotland's Supreme Court is holding off ruling on whether to force Boris Johnson to send Brexit extension Benn Act letter until 21 Oct to give PM time to fulfill the promise he made to the court.”
She added: “A victory for us & all our supporters."
