VINCE, PETITION OF DALE VINCE AND OTHERS AGAINST THE ADVOCATE GENERAL [2019] ScotCS CSIH_51 (09 October 2019)

VINCE, PETITION OF DALE VINCE AND OTHERS AGAINST THE ADVOCATE GENERAL [2019] ScotCS CSIH_51 (09 October 2019)

There is currently no basis for granting coercive orders as the Prime Minister has affirmed compliance with the 2019 Act, and no unlawful conduct has occurred; political statements do not justify reasonable apprehension of future non-compliance.

Citation
[2019] ScotCS CSIH_51
Parties
Petitioners and Reclaimers: Dale Vince and Others; Respondent: The Advocate General
Jurisdiction
Scotland
Judgment Date
09 October 2019
Procedural Posture
Petition and Reclaiming Motion / Interlocutory, Consideration Continued
Outcome
Consideration of the reclaiming motion and petition continued until 21 October 2019.
Legal Topics
Brexit, European Union (withdrawal) (no 2) Act 2019, Nobile Officium, Specific Performance, Interdict, Statutory Compliance
Constitutional Law Administrative Law European Law Brexit European Union (withdrawal) (no 2) Act 2019 Nobile Officium Specific Performance Interdict +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Dale Vince and Others

Petitioners and Reclaimers

The Advocate General

Respondent

Procedural Posture

Petition and Reclaiming Motion / Interlocutory, Consideration Continued

Legal Issues

  1. 1 Whether the Prime Minister is required to comply with the European Union (Withdrawal) (No 2) Act 2019
  2. 2 Whether coercive orders should be granted to ensure compliance
  3. 3 Whether political statements by the Prime Minister constitute grounds for apprehension of non-compliance

Ratio Decidendi

There is currently no basis for granting coercive orders as the Prime Minister has affirmed compliance with the 2019 Act, and no unlawful conduct has occurred; political statements do not justify reasonable apprehension of future non-compliance.

Court Disposition

Consideration of the reclaiming motion and petition continued until 21 October 2019.

Orders

  • No orders granted at this stage; consideration continued.