Mrs8 I'm not sure I understand it that well, I know David Allen Green doesn't rate legal chances but...........
"Latest: Oct. 4, 2018
We're on our way!
Following our successful appeal, the Inner House of the Court of Session has referred to the Court of Justice of the European Union the question whether we can withdraw the terms of the Articl...
The future of Brexit is increasingly uncertain.
The promises the Government made – that there would be “no downside to Brexit, only a considerable upside” and that a deal would be the “easiest in history” – look like falling short. And new facts about Brexit are emerging every day: only today it became clear that to leave will involve us settling a staggering €50,000,000,000 liability.
The message now is "damage control."
This makes it vital that we leave all options on the table for Parliament, including staying in the EU. It must be Parliament that decides on our future – not Ministers in a minority Government. It must be Parliament that chooses which path we take when, at last, we learn what's on the table.
And there is a choice.
We know it is possible to stay in the EU, if the other member states give us permission.
But the destiny of the United Kingdom should rest in the hands of our Parliament. It must be our elected MPs who decide what road to take. Politicians from Scotland, England, Wales and Northern Ireland – not elsewhere – must control our future.
Many experts believe we can choose to stay in the EU without permission. That, if we want, we can just withdraw our notice. But there is only one way to be sure: a court has to decide what Article 50 means.
And because Article 50 must mean the same thing to everyone, a national court can’t give the answer. Only the specialist European Court in Luxembourg can interpret Article 50 definitively. So we will ask the Court of Session in Scotland to ‘refer’ it to Luxembourg.
This is the only way to give our Parliament the best negotiating hand. To maximise its power if the right choice is to stick with what we have.
The Mechanics
Earlier this week we wrote to David Davis MP and the Advocate General for Scotland asking them to set out the Government's position on whether the Article 50 notice can be unilaterally withdrawn. We gave them fourteen days to confirm that the Government accepts that it is legally possible as a matter of EU law for the UK unilaterally to withdraw its Article 50 notice.
The Petitioners will be Andy Wightman MSP, Ross Greer MSP and they will be joined by Alyn Smith MEP and David Martin MEP. There may also be further Petitioners.
They will be represented by a stellar legal team. It will be led by Aidan O'Neill QC. Aidan is a "double Silk" - a QC in both England/Wales and Scotland. The leading legal directory, Chambers, said in 2016 that "He knows more about European Union law than anyone else." His junior will be Peter Sellar. And they will be instructed by Elaine Motion, the Chairman of Balfour + Manson.
We are seeking to raise funds for the permission stage and any adverse costs. If we are successful in obtaining permission - and we believe we will be - we are likely to need to raise further sums. Given the obvious public interest in the outcome we will ask the court to make a protective costs order.
The legal team are working at heavily discounted rates".
www.crowdjustice.com/case/strengthening/
@jonlis1
Yet another sign of how quickly things are changing. Until recently @Anna_Soubry wouldn’t publicly commit to a Remain option on the ballot paper. Now she’s out and proud. This movement is moving fastJonathan Lis added,
@itvpeston
.@Anna_Soubry tells #Peston in no uncertain terms. Regardless of the deal the PM brings back, she wants a People's Vote on Brexit with Remain as an option.