Court hearing could decide if Boris Johnson is jailed for no-deal Brexit

Boris Johnson in front of a 'get Brexit done' screen. Photograph: Danny Lawson/PA Wire. - Credit: PA

A date has been set for the hearing of a case in Scotland’s highest court which could decide if Boris Johnson can be imprisoned for pursuing a no-deal Brexit.

The case, which has been brought forward by English lawyer Jo Maugham, businessman Dale Vince and SNP MP Jonna Cherry, looks set to take place on Friday 4th October.

The three of them are petitioning the court to consider fining or imprisonining the prime minister if he disregards the “safeguard act” – referred to as the Benn act – which requires him to seek a Brexit extension.

It is running alongside another case from Maugham, Vince and Cherry which is asking the courts to sign a letter to the European leaders requesting the extension in the event Boris Johnson fails to do so.

Lord Pentland has asked the government to give a response to the petitioners within 48 hours before a court hearing on Friday at 11am.

A separate hearing will take place in the Inner House of the Court of Session next week.

Dale Vince, speaking to The New European, last month said he was spurred to launch the legal action in response to the threat of a no-deal Brexit.

“It’s just so wrong, isn’t it,” he said. “The impacts would be severe, people may lose their lives over it – certainly there would be great hardship … there would be enormous impact on our economy. Not to mention the blight on the future of the young people of this country.