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Raymond McCord's Brexit legal challenge dismissed by Belfast High Court judge | Belfast Telegraph |

One of the applicants was high-profile victims' campaigner Raymond McCord, whose son was murdered by loyalist paramilitaries in 1997.

In his written judgment, the judge said: "I consider the characterisation of the subject matter of these proceedings as inherently and unmistakably political to be beyond plausible dispute.

"Virtually all of the assembled evidence belongs to the world of politics, both national and supra-national.

"Within the world of politics the well-recognised phenomena of claim and counterclaim, assertion and counter-assertion, allegation and denial, blow and counter-blow, alteration and modification of government policy, public statements, unpublished deliberations, posturing, strategy and tactics are the very essence of what is both countenanced and permitted in a democratic society."

Lord Justice Bernard McCloskey said he considered the action was "doomed to failure".  



Global Warming - distance between America and Europe is steadily increasing.
by Oui on Thu Sep 12th, 2019 at 05:28:08 PM EST
This past weekend I was wondering what happened to that! The case was supposed to be heard Friday last. Not a peep. But while crawling the innerboobs I chanced on NI dockets for its superior and inferior courts though.

< reckless eyeballin' >

ensued

Diversity is the key to economic and political evolution.

by Cat on Thu Sep 12th, 2019 at 06:51:09 PM EST
[ Parent ]
MORE APsplainin

Johnson denies lying to queen, wins Brexit court case
"Operation Yellowhammer" [pdf] + "claim and counterclaim, assertion and counter-assertion, allegation and denial, blow and counter-blow" [no pdf] + "They also passed a law that orders the government to seek a three-month delay to Brexit if no agreement has been reached by late October, and rejected Johnson's call for a snap general election." [HC 433, no pdf] + "primeministers" [!] = "six defeats in the House of Commons in as many days"

m'k. whatevs.
McCord (Raymond), JR83 and Jamie Waring's Applications v The Prime Minister and others
(Wightman  and  Others  v  Secretary  of  State  for  Exiting  the  European  Union. lanssakes. What's that doing in there? o. right. relevant case law.)

Diversity is the key to economic and political evolution.

by Cat on Thu Sep 12th, 2019 at 09:16:52 PM EST
[ Parent ]
... The Applicant contends that it is unlawful for the Prime Minister to ffect or attempt to effect a withdrawal from the European Union outside of the express terms, provisions and safeguards set out in theEuropean Union(Withdrawal) Act 2018 ('EUWA) ...

Only on p 5 of McCord but certain I need more beer, possibly weed to continue.

Diversity is the key to economic and political evolution.

by Cat on Thu Sep 12th, 2019 at 11:09:30 PM EST
[ Parent ]
< buffs nails >
p 20

Diversity is the key to economic and political evolution.
by Cat on Fri Sep 13th, 2019 at 12:54:16 AM EST
[ Parent ]
accuser burden of proving guilt (p 43) at trial

[  ] criminal - evidence beyond reasonable doubt
[X] civil - preponderance of evidence

[50] Second, the Applicants bear a burden of proof.  This was highlighted recently in JG v Upper* Tribunal, Immigration  and Asylum Chamber [2019] NICA  27 at [34]: ...
first principle: presumption of innocence at trial
--
* cites common law (case law) litigation, applicable law

Diversity is the key to economic and political evolution.
by Cat on Fri Sep 13th, 2019 at 04:45:58 AM EST
[ Parent ]
p 45

... a recent pronouncement of this court, in Re Kelly's Application* [2018] NIQB 8, at [9]: "In my judgement the fundamental flaw in this challenge is that it is brought in a legal and factual vacuum. It has no legal framework since it is not concerned with an actual decision of the Secretary of State, a proposed decision of the Secretary of State, an explicit refusal by the Secretary of State to exercise any of the powers, duties, functions or discretions conferred by [the 1998 Act], a failure by the Secretary of State to do so or, finally, a failure to consider whether to do so. Consequential upon this analysis, the Applicant's challenge has no factual framework either. It is entirely devoid of context. Absent a concrete context, I consider that there nothing to which the relevant common law principles fall to be applied. These principles are entirely dormant at the moment. They have no role in the setting of the Applicant's unavoidably vague and speculative case that a factual and legal context might arise in some unspecified circumstances on some unpredicted future date.
The family name, Sumption, is reminiscent of some character in some novel by Chas. Dickens. I might have mentioned.
--
* citing court opinion, uncontested litigation

Diversity is the key to economic and political evolution.
by Cat on Fri Sep 13th, 2019 at 05:15:04 AM EST
[ Parent ]
hmm, yes, well, in conclusion the opinion was quite amusing and informative as to points of law ("merits"), findings of law (citations of treaty, statutes, and case law: application to and interpretation of), findings of fact ("media" evidence LOL), and orders.

It is an easy read, although a lengthy 67 pp of NI-Eng. A good portion of this is given to loooong passages quoted from the substantive ("legal") documentary evidence--UK statutes and negotiation agreements ("construction") between UK and EU since 2017. The affect seems to have been to torture the paranormal, or psychic, abilities of the Applicants with expressed, rational intention of the controlling parties committed to existing, ie. current, written law in force. There is no "hard border."

The recitation of EUWA2018 sect. 13 is inserted, I believe, for comic relief--the establishment of "Bureaucracy" by the impotent parliament and all that.

The court dismissed all but one of the three Applicants' ("plaintiffs") arguments for relief, injunction, etc.

The plaintiffs are granted leave to appeal only questions on EUWA2018 section 10. That is indeed fertile ground to plant, so to speak, finally and indisputably the government's and parliament's duties therein and obligations to treaties, adopted by "subordinate" UK statutes--the Northern Ireland Act 1998 to GFA, in particular.

Now rises an old atty joke concerning controversy and ahh "inevitable" perennial frustration of plaintiffs with The Law: Justice may prevail but has no power to enforce itself.

Diversity is the key to economic and political evolution.

by Cat on Fri Sep 13th, 2019 at 03:50:37 PM EST
[ Parent ]
Within the world of politics ...society.
a politic, or formal, description of "trash talk"

Diversity is the key to economic and political evolution.
by Cat on Fri Sep 13th, 2019 at 03:59:14 PM EST
[ Parent ]

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