NI: Judgment reserved on whether ‘bad faith’ Brexit legal challenge should be heard

NI: Judgment reserved on whether 'bad faith' Brexit legal challenge should be heard

Patricia Coyle

The Court of Appeal in Belfast has reserved judgment on whether a judicial review alleging Prime Minister Boris Johnson acted in bad faith by signing the Brexit deal should be heard.

An anonymous litigant is appealing a decision by the senior judicial review judge not to adjudicate on whether the Prime Minister allegedly acted in bad faith and for improper purpose in relation to Brexit.

The litigant argues that the Prime Minister signed the Withdrawal Agreement and the Northern Ireland Protocol without ever intending he should be bound by it, making his actions unlawful.

Speaking after a hearing on Monday, solicitor Patricia Coyle of Harte Coyle Collins told Irish Legal News: “Our client awaits with great interest the Court of Appeal’s decision on this application.

“A decision by the Court of Appeal to grant leave will result in a substantive hearing and judicial scrutiny of the evidence relied upon in the appeal.

“A substantive hearing will require a response to that evidence from the Prime Minister.”

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