On the Scottish Court case
David Allen Green@davidallengreen
Worst possible result for government
Court not provoked into ruling side letter unlawful, no Supreme Court drama
Poor Dom
#Padfield rule applied
But live case will continue to ensure government does not frustrate Benn Act before 31 October
And
David Allen Green@davidallengreen
Dom wanted to provoke a Supreme Court dramatic challenge
See the heavy briefing to reporters on Saturday night
He failed
And not only did he fail, the court's continuation of the case now v unhelpful to the government
Poor Dom
Utter backfire
This is just so funny, sorry
Kuenssberg:
"easily heading again to Supreme Court"
Shipman:
"They fully expect to go to court"
Peston:
"He expects to see MPs in court."
All correct reporting (no criticism here intended)
But utter flop
Government lawyers knew what they were doing, and so did Scottish court
You see, the Padfield principle is so well established, a skilled government lawyer can write a Padfield-compliant side letter (of political waffle), and that will in turn be seen as such by a judge
No need to go to Supreme Court
So:
No court order "forcing" Number 10 to comply with Benn Act
Just government's own averments
No dramatic Supreme Court clash
But continued Scottish court supervision of any attempts to frustrate Benn Act
All because of needless threat to break Act
Classic Dom