Anybody there?

[IPTV Ltd]

Hi

The issues come before the Court of Session at 11am in Edinburgh today, Monday.

The signing does not matter, except for the 
primary school sub-plot between Johnson and his fanbois.

I would predict that there will not be an issue 
of contempt over sending the required letter on 
Saturday.  A letter in the  exact terms specified 
was sent on Johnson's authority and conveyed by 
UK government staff to the Commission, who 
immediately accepted it as the valid letter send 
by the Prime Minister, which they would deal with.

Job done.

The childish behaviour ("I never touched it") was 
spin for the servile squad of Sunday newspaper journalists.

The question that will concern the Court of 
Session is the second letter, which appears to 
flout completely the undertakings made to the 
court, and the PM's duty under Padfield, and to 
make the Law Officers position difficult.

The Court may take additional notice of other 
aspects of Johnson's conduct which could have been egregious in context

- personally signing the unimportant breach 
letter to cite his position, leaving the important letter unsigned

- sending the breach letter direct, and having 
the important letter send by the PERMREP

- having staff derisorily describe the important 
letter as a "photocopy" (presumably of the Benn 
Act page).  But it wasn't. forensically.     It was retyped - just not signed.

(None of this in code, so far as known)

Duncan


di, who last week had the clearest possible 
assurance by the :Law Officers that Johnson would no nothing to frus










At 20/10/2019   14:57, Mark Lomas wrote:
>The Financial Times came to a similar conclusion regarding Scottish law.
>
>While reporting on the recent Court of Session 
>ruling, which the government appealed to the 
>Supreme Court and lost, the FT sought legal advice on what might follow.
>It concluded that if either a statute or a court 
>ruling obliges somebody to sign or lodge a 
>document, the Court of Session has the power to rule that it has been done -
>the court does not need to rule that it should be done.
>
>That brings two thoughts to mind:
>1) a signature in Scotland is like 
>Schroedinger's cat - a document with no visible 
>signature may become signed if you ask the Court 
>of Session whether it was signed.
>2) is it perjury to tell a court that you did 
>not sign a document after the Court of Session rules that you did?
>
>Many news sources have reported that Boris 
>Johnson has sent an unsigned letter to the European Commission.
>If the Court of Session were to rule that the 
>Benn Act requires a signature then those reports 
>would retrospectively become untrue.
>
>Conclusion: I suggest that Boris also signed the 
>document yesterday in Scotland, provided someone 
>later asks the Court of Session whether he did.
>
>
>On Sun, 20 Oct 2019 at 06:44, Peter Gutmann 
><<mailto:pgut001 at cs.auckland.ac.nz>pgut001 at cs.auckland.ac.nz> wrote:
>Clive D.W. Feather <<mailto:clive at davros.org>clive at davros.org> writes:
> >Arguably, since the law requires the letter to 
> be written, it could be deemed
> >to have been written.
>The Australians have this set up much better:
>Â  [...] the Commissioner may [...]:
>Â  (b)Â  treat a particular event that did not 
>actually happen as having happened and, if appropriate, treat the event as:
>
>Â  Â  (i)Â  having happened at a particular time; and
>Â  Â  (ii)Â  having involved particular action by a particular entity; and
>Â  (c)Â  treat a particular event that actually happened as:
>Â  Â  (i)Â  having happened at a time different 
>from the time it actually happened; or
>Â  Â  (ii)Â  having involved particular action 
>by a particular entity (whether or not the event 
>actually involved any action by that entity).
>So Boris definitely wrote the letter and signed 
>it, yesterday, at noon.  At least in Australia.
>Peter.


Dr Duncan Campbell      IPTV Ltd
Brighton                UK

Website :  http://www.duncancampbell.org
Twitter    :  @dcampbell_iptv
Tel         :  +44 1273 818045  (01273 818045)
Mob       :  +44 7870 597178  (07870 597178)





Dr Duncan Campbell      IPTV Ltd
Brighton                UK

Website :  http://www.duncancampbell.org
Twitter    :  @dcampbell_iptv
Tel         :  + 44 1273 818045  (01273 818045)
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