Brexit Continues to Test the UK Constitution

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In our last blog post, we mentioned that there had been three Court challenges to Prime Minister ‎Johnson’s decision to prorogue Parliament until 14 October.  All three of those challenges were ‎dismissed in the first instance, the last being in Northern Ireland, which was dismissed today ‎‎(click here to see the judgment).

However, the challenge in the Scottish Courts was ‎subject to a further appeal in Scotland and that appeal was successful yesterday (the full judgment will be handed ‎down tomorrow at 12 pm UK time, but click here for a summary).  ‎

All three are now heading to the UK Supreme Court to be heard on Tuesday.  Given the detailed ‎judgment of the English High Court (click here to see the judgment) and the tendency for the UK Supreme Court ‎to avoid interfering with political matters, it is hard to see how the decision to prorogue will actually be ‎overturned.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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