Brexit LIVE: EU deal could be ripped up – Boris faces nightmare as court to rule TODAY

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Brexit: David Frost on Theresa May's EU negotiations

The latest legal review has been launched in the name of unionists from across the UK, including former DUP leader Arlene Foster, former UUP leader Steve Aiken, TUV leader Jim Allister, Belfast Agreement architect Lord Trimble, former Brexit Party MEP Ben Habib and Baroness Hoey. High Court Judge Mr Justice Colton is set to deliver his ruling later today. The UK and EU are embroiled in a bitter war of words and during a hearing last month, legal counsel for the unionist leaders argued the Protocol was unlawful because it breached the Acts of Union and the 1998 Good Friday Agreement.

John Larkin, the former Northern Ireland attorney general QC, had claimed the Protocol breaches Article 6 of the Acts of Union which created the UK of Great Britain and Ireland in 1800, by leaving Northern Ireland inside the EU’s customs union.

He has claimed the Protocol runs contrary to the Northern Ireland Act, which is the legislation that brought the 1998 Good Friday Agreement into law.

Mr Larkin has told the court the Act states “Northern Ireland in its entirety remains part of the UK” unless a huge number of people vote otherwise in a referendum.

He said: “If the power to make law for Northern Ireland can be given to Brussels, it can be given just as legally to the Oireachtas (Irish Parliament).”

As part of the judicial review, one of the affidavits read out in court was from Lord Trimble.

He wrote: “We endured 35 years of a terrorist campaign, terrorists did not succeed. The main object of the Belfast Agreement was to bring that terrorism to an end and present a democratic way forward.

“The Protocol ignores the principle of consent. Northern Ireland is no longer fully part of the UK, it has been partly annexed by the EU.”

However in reply, a Government solicitor told the High Court that the Northern Ireland Protocol is an “orthodox application of Parliamentary sovereignty”.


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