<div dir="ltr"><div dir="ltr"><div dir="ltr"><font face="arial, sans-serif">There is a convention that an appellate court should not ordinarily overturn a finding of fact. For example, The Supreme Court ruled in April '<span style="color:rgb(0,0,0)">I</span><span style="color:rgb(0,0,0)">t is well settled, outside the field of defamation, that an appellate court will not interfere with a finding of fact by a first instance judge merely because it takes a different view of the matter</span>' (<span style="color:rgb(0,0,0)">Stocker (Appellant) </span><span style="color:rgb(0,0,0);font-style:italic">v </span><span style="color:rgb(0,0,0)">Stocker (Respondent), 3 April 2019</span>).</font></div><div dir="ltr"><font face="arial, sans-serif"><br></font></div><div><font face="arial, sans-serif">If the Appeals Court were to declare that Boris had accepted an offer of extension then the Supreme Court would expect to rule the same way even if the law lords hearing that appeal took a different view.</font></div><div><font face="arial, sans-serif"><br></font></div><div><font face="arial, sans-serif">No need to arrest. Boris since, despite his protestation to the contrary, the Supreme Court would be bound to agree with an Appeal Court ruling that he had accepted the extension.</font></div><div><font face="arial, sans-serif"><br></font></div><div><font face="arial, sans-serif">The Scottish Court of Session has declined to rule whether the government has complied with the Benn Act because the process is not yet complete.In the current case the court could still rule as Peter suggests.</font></div><div><font face="arial, sans-serif"><br></font></div><div><br></div></div></div><br><div class="gmail_quote"><div dir="ltr" class="gmail_attr">On Tue, 22 Oct 2019 at 19:21, Peter Fairbrother <<a href="mailto:zenadsl6186@zen.co.uk">zenadsl6186@zen.co.uk</a>> wrote:<br></div><blockquote class="gmail_quote" style="margin:0px 0px 0px 0.8ex;border-left-width:1px;border-left-style:solid;border-left-color:rgb(204,204,204);padding-left:1ex">On 20/10/2019 14:57, Mark Lomas wrote:<br>
> The Financial Times came to a similar conclusion regarding Scottish law.<br>
> <br>
> While reporting on the recent Court of Session ruling, which the <br>
> government appealed to the Supreme Court and lost, the FT sought legal <br>
> advice on what might follow.<br>
> It concluded that if either a statute or a court ruling obliges somebody <br>
> to sign or lodge a document, the Court of Session has the power to rule <br>
> that it has been done -<br>
> the court does not need to rule that it should be done.<br>
> <br>
> That brings two thoughts to mind:<br>
> 1) a signature in Scotland is like Schroedinger's cat - a document with <br>
> no visible signature may become signed if you ask the Court of Session <br>
> whether it was signed.<br>
> 2) is it perjury to tell a court that you did not sign a document after <br>
> the Court of Session rules that you did?<br>
> <br>
> Many news sources have reported that Boris Johnson has sent an unsigned <br>
> letter to the European Commission.<br>
> If the Court of Session were to rule that the Benn Act requires a <br>
> signature then those reports would retrospectively become untrue.<br>
> <br>
> Conclusion: I suggest that Boris also signed the document yesterday in <br>
> Scotland, provided someone later asks the Court of Session whether he did.<br>
<br>
New possible scenario:<br>
<br>
The EU offers an extension, Boris refuses it. The timetable runs out and <br>
we have a no-deal Brexit. The Appeals Court arrests Boris and declares <br>
that he did in fact accept the offer of an extension and there was no <br>
Brexit.<br>
<br>
Boris appeals to - the European Court?<br>
<br>
<br>
Peter Fairbrother<br>
<br>
</blockquote></div>