Dale Vince and Others

Court continues consideration of judgment until 21 October 2019.

The First (appellate) Division of the Court of Session has agreed with the Lord Ordinary (first instance judge) that at this stage there is no basis upon which the Court could grant any of the orders sought by the petitioners, including those to ordain the Prime Minister to send a letter to the European Council requesting an extension to the Brexit date or to authorise an official of the Court to do so by way of substitution. 

The Court considers that in the time before the date for sending any letter (19 October) arrives the political debate must be played out in the appropriate forum.  In the normal case this would have resulted in the Court refusing the reclaiming motion (appeal) and the separate petition invoking the equitable jurisdiction of the Court.  However, since the circumstances may change over the next ten days and to avoid the petitioners having to raise new proceedings of a similar nature in changed circumstances, the Court has continued consideration of both the reclaiming motion and the petition until 21 October 2019.

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