The Scottish People Vs The UK Government on Indyref2

by Forward as One

The Scottish People Vs The UK Government on Indyref2

by Forward as One
Forward as One
Case Owner
Forward as One is a pro-independence association dedicated to self-autonomy for Scotland. This action is being raised on the back of a promise to do so if prerequisite conditions were met.
Funded
on 15th January 2020
£43,658
pledged of £50,000 stretch target from 1,994 pledges
Forward as One
Case Owner
Forward as One is a pro-independence association dedicated to self-autonomy for Scotland. This action is being raised on the back of a promise to do so if prerequisite conditions were met.

Latest: Jan. 24, 2020

Funds Transferred to Law Firm

We are writing to confirm that Crowd Justice have now formally transferred the funds from this crowdfund to the Law Firm.

The confirmations have been published on both Facebook and Twitter


Twitter: htt…

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It is our intention to lodge an action by ordinary members of Scotlands general population against the UK Government when they refuse or ignore a formal request from the First Minister of Scotland for an order under Section 30 of the Scotland Act to devolve the powers necessary to hold a second independence referendum.

The Scottish Government intends to lodge a formal request for a section 30 order within days. It is therefore imperative, in light of the fact that legal counsel is in place and instructed that we now raise the necessary funds to move forward. 

Please donate what you can and share the page vis social media and email with friends and family!

What are we trying to achieve? 

It is the intention of this action, to duly notify the UK Government that should they fail to acquiesce to a formal request by the Scottish Government for a Section 30 order so that a Second Referendum on Independence from the United Kingdom can be called, that the people, not just the Government of Scotland will seek to defend our civil and political rights by initiating legal action against them.

The aim is simple, to defend the inalienable right of the Scottish people to engage in the fundamental right to vote on the constitutional question without reliance on any politician to ensure that those rights are enabled. 

Whether or not the Scottish Government take legal action against the UK Government for refusal or ignoring of a section 30 request is immaterial, our action will have the effect of being the electorate defending its rights against the UK Government who are seeking to usurp them, this would, therefore, complement any action that the Scottish Government may seek to take against the UK Government. 

Who has been chosen to represent the people in the action against the UK Government?

As the action would be initiated in the Court of Session, Scotlands supreme courts, it requires both an instructing solicitor and an advocate.

In this action, Elaine Motion of Balfour+Manson LLP has been chosen to act as instructing solicitor.

Alongside Elaine, she will be instructing Mr Aidan O'neill to Act as Advocate.

If these names seem familiar, it is because they should be.

They have an acute recent experience of arguing matters with respect to the current constitutional situation, on top of their years of experience in law in general

Elaine Motion was instructing solicitor in the revoking Article 50 case (Wightman), Prorogation of Parliament Case (Cherry) and the recent Benn act case (Dale Vince) when she instructed Aidan O’Neill QC in all three cases to act as an advocate.

As far as legal experience in the constitutional arena goes, they are the best Scotland has to offer.

Elaine Motion is a band 1 solicitor in Civil Liberties, Professional Discipline and Administrative and Public Law. She has been practising since the mid-1980s with international experience from 1993 working as a barrister in New Zealand. She returned to Scotland in 1997 and joined Balfour+Manson, becoming a partner of the firm in 1997 and a solicitor advocate in 1999.  She headed up the litigation team of the company with some 65 professionals before taking up the position of Chairman on 3rd March 2014. 

Aidan O'Neill, QC is a Scottish advocate, barrister, and Queen's Counsel. He has pleaded almost thirty times before the Supreme Court of the United Kingdom and House of Lords, as well before the Court of Justice of the European Union and the European Court of Human Rights.  

What is the next step in the case? 

It has been agreed with counsel that the first stage in the process will be what is terms as pre-litigation. This will occur after the First Minister has formally issued the request for a Section 30 order.

This pre-litigation will be a formal notification in writing to the UK Government that if they fail to acquiesce to the request for a section 30 within a reasonable timetable, action will be taken against the UK Government in Court.

A copy of this notification will also be furnished to the Scottish Government which will ensure that they are duly notified that action will be happening, so if they wish to attach themself to that action, or lodge their action at the same time, or seek more information on the proposed action they may do so.

When the UK Government fails to comply with the conditions set out in pre-litigation, legal action will be commenced by our legal team in the Court of Session in Edinburgh and it shall proceed as if it were any other case.

With respect to each stage of the action, details will be published publicly online (except for work product i.e. sensitive information with respect to strategy). The initially published material will include the pre-litigation and the preliminary position of our legal counsel with respect to the proposed position at the conclusion of the fundraiser.

How much we are raising and why? 

We will be taking a phased approach to funding so if more funding does become necessary later on, we will approach the movement with the new figure. However, after discussions with Counsel, they have suggested that a starting figure of £40,000 would be enough to initiate the first phase of action against the UK Government. 

All funding from this fundraiser will be sent directly to Balfour+Manson LLP, Solicitors, the legal firm retained to initiate this action.

It is our intention to apply, in the initial stages, to the court for a Protected Expenses Order. A protective expenses order (PEO) is an order which regulates the scope of a party's liability in expenses in certain types of litigation. The purpose of a PEO is to redress the potential imbalance of financial resources between parties in relation to funding litigation. 

In other words, an application is made to the court to set a cap on how much both parties may expend in terms of financial resources. Although this somewhat reduces the potential costs recovered after a win, it also ensures that the UK Government would not be allowed to expend as much tax-payers money defending the action as they see fit, limited to the same financial resources as the petitioners, thereby levelling the playing field with respect to financial resources.



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Update 11

Forward as One

Jan. 24, 2020

Funds Transferred to Law Firm

We are writing to confirm that Crowd Justice have now formally transferred the funds from this crowdfund to the Law Firm.

The confirmations have been published on both Facebook and Twitter


Twitter: https://twitter.com/PeoplesAS30/status/1220647352152862721 

Facebook: https://www.facebook.com/ForwardAsOneScot/posts/1532715670214794 

Update 10

Forward as One

Jan. 24, 2020

Pre-Litigation Commences

Good Morning Scotland.

With respect to the Peoples Action on Section case overseen by Forward as One - Scotland, a conference call this morning between 9am and 9.25am has laid the groundwork for next steps.

While not a requirement in Scotland, it is always beneficial to ensure that everyone knows where they stand. Consequentially, in consort with Legal Counsel Elaine Motion, we have decided to move to the pre-litigation stage as of this morning.

Instructions will be given to our QC to move forward with the drafting of a pre-litigation letter over the next week to be sent to the Office of the Advocate General (OAG). the UK government’s Scottish legal team.

The letter will clearly define a timescale, amongst other things (approx 14 working days) from receipt of the letter, for the Advocate General to respond, at which time the commencement of legal action will commence.

Update 9

Forward as One

Jan. 24, 2020

Pre-Litigation Commences

Good Morning Scotland.

With respect to the Peoples Action on Section case overseen by Forward as One - Scotland, a conference call this morning between 9am and 9.25am has laid the groundwork for next steps.

While not a requirement in Scotland, it is always beneficial to ensure that everyone knows where they stand. Consequentially, in consort with Legal Counsel Elaine Motion, we have decided to move to the pre-litigation stage as of this morning.

Instructions will be given to our QC to move forward with the drafting of a pre-litigation letter over the next week to be sent to the Office of the Advocate General (OAG). the UK government’s Scottish legal team.

The letter will clearly define a timescale, amongst other things (approx 14 working days) from receipt of the letter, for the Advocate General to respond, at which time the commencement of legal action will commence.

Update 8

Forward as One

Jan. 17, 2020

Case features in the National

Scottish Government could hold indyref2 WITHOUT Johnson's permission

https://www.thenational.scot/news/18166514.scottish-government-hold-indyref2-without-pms-permission


Update 7

Forward as One

Jan. 15, 2020

We've hit our target!

We pleased to confirm that we have now hit our target for the people's action against the UK Government. 

We have formally published the opinion from senior legal counsel here

A copy of the convener's confirmation to legal counsel of achieving the funding goal can be found here

Update 6

Forward as One

Jan. 13, 2020

This Week At Westminster - No respect for democracy.

As if things were not bad enough, now the stakes for this case are even higher. We warned when we launched this funding campaign how serious things would get this month and now this has been confirmed.

In the last week

- Alistair Jack has said he has advised the PM against another referendum.

- Alistair Jack has said there should be no referendum for the entire life span of Nicola Sturgeon.

- Boris Johnson has now drafted a three-page letter to be delivered REFUSING a section 30 request, which we said would happen but were told was "unlikely".


And now something many people might have missed, a bill currently with the House of Lords designed to effectively make a second referendum unconstitutional unless a series of highly unreasonable conditions are met.


The "Referendums Criteria Bill [HL] " (full text here) is now with the House of Lords.

We've put an excerpt from the first paragraph for you below, highlighting the conditions which would need to be met for a second independence referendum if this becomes law (which with a Tory Majority is highly likely).

If this gains royal assent before we file our case, the following would apply to any future referendum.

1. It would require a vote in the house of lords and the house of commons.

2. The number of MPs or Lords who vote in favour of a referendum MUST equal 2/3rds or more IN BOTH HOUSES. A virtual impossibility.

3. IF a referendum then happens, at least 55% of the REGISTERED electorate must vote in it for it to be valid.

4. and here's the kicker. A rule which has not reared its head since Scotland was denied a parliament in 1979. Back then, it was called the "40% rule" which meant that 40% of the entire registered electorate had to vote in favour of a parliament for it to happen (around 65% of those who voted). We got a majority, but because of this rule, we were denied our parliament.

The modern equivalent of the rule is what is in this bill, namely 60% of those who vote in the referendum would have to vote YES for independence. Yes! 60% of those who vote in indyref2 would need to vote yes.

Our case is now imperative. There's no more time! We have less than 4 days to raise our target, or the case falls. We have to hit our target!

.

Link to the crowdfunder: https://www.crowdjustice.com/…/the-scottish-people-vs-the-uk


Update 5

Forward as One

Dec. 29, 2019

Update on The Peoples Section 30 Vs The UK Government

We're just posting an update to the current status of the crowdfunding action. As previously stated, Crowd Justice do not take donations at the point of pledge but only when the fundraiser hits its target. Those funds are then transferred directly to the law firm. So if we don't hit the target in 19 days, there will be no action.

We need everyone to keep pounding out the link to social media and promoting it as much as they can if we're to hit our target. 


The current status is:


£40,000 raising

£9,297 ,raised

363 pledges

23% funded

19 days left 

Update 4

Forward as One

Dec. 24, 2019

Nicola Sturgeons Letter to Boris Johnson and the attached opinion of Scot Gov

In a letter to Boris Johnson on the 19th of December, Nicola Sturgeon formally put the request for Section 30 to the PM.

We understand that gaining access to that letter can be somewhat of an issue as many of the press outlets who covered it use a paywall.

For the reference of everyone, below is the text of that letter from Nicola Sturgeon to the Prime Minister. The link at the bottom is the direct link to the opinion attached to that letter entitled: "The people of Scotland’s right to choose their future"


Nicola Sturgeons Letter to Boris Johnson, 19th December 2019


Dear Boris,

I said on Tuesday that I would be publishing the detailed democratic case for the transfer of power from Westminster to the Scottish Parliament, now being sought by the Scottish Government, by order under section 30 of the Scotland Act or an Act of the UK Parliament, to allow for an independence referendum that is beyond legal challenge. I am enclosing a copy of that document.

When we spoke on Friday, you reiterated your government’s position on this issue - however, you also committed to engaging seriously with our proposals. Indeed, I believe that on this - as on any issue - you have a duty to do so in a considered and reasonable manner.

I, therefore, look forward to discussing matters further with you in the New Year.

In the meantime, please accept my best wishes for the festive season.

Best wishes,

Nicola Sturgeon


Scottish Governments formal opinion on the right to hold a second referendum:

The people of Scotland’s right to choose their future

Update 3

Forward as One

Dec. 24, 2019

Multiple takedown requests for our video.

Over the past 24 hours we've been subject to reports to twitter to have the ad video for this legal action taken down. It has succeeded twice. It is now being hosted on the ND youtube channel. 

Update 2

Forward as One

Dec. 23, 2019

Current Status of Fundraiser


Just an update on the current status of the fundraiser. As of 23/12/2019, we are:


We are raising £40,000 

We've raised £6,942 so far.

252 people have pledged to support the right of the people to vote on independence.

That's 17% to our target funded with 25 days left to go on the fundraiser.


The deadline to reach our target is (or else the case will not proceed)

Friday 17 January at 8 p.m. (3 weeks, 4 days from now)


We'd like to thank everyone who has backed this extremely important case on the constitutional question of Independence for Scotland, so far, and we appreciate you continuing to share the link to help us hit our goal.


https://www.crowdjustice.com/case/the-scottish-people-vs-the-uk 

Update 1

Forward as One

Dec. 19, 2019

Section 30 has now been formally requested

As our fundraiser now hits 7% in 20 hours, we really need to push hard to get to our £40K target within the next 29 days.

This is an all or nothing prospect. Either we hit our target, or we don't and the one opportunity, we the people, have to send a clear message to Boris Johnson would be lost if we don't.

We told you there were three criteria that needed to be met for legal action to initiate:

1. A majority of Scottish MP's returned in the general election being Yes supporters.

2. The First Minister requesting a section 30 order.

3. That section 30 order request being rejected or ignored. 

As of today, the section 30 order has now been formally requested by the First Minister and based on the fact that Boris has stated publicly numerous times he WILL reject it, the third and final criteria is about to be met.

This means we are only weeks away from initiating this action against the UK Government and we need your support in spreading the word about this crowdfunder.

Make no mistake, this case is one which will redefine Scottish Constitutional Law. It will set a precedent. It could deliver the next referendum for us and it could ensure that never again will we have to seek permission to eat lunch from turkeys at Christmas.

Please share the crowdfunder far and wide. It's no longer a question of if this action will be necessary, it is now a question of when it will be necessary. The sooner we hit our funding target, the sooner our legal team get to work. 

https://www.crowdjustice.com/case/the-scottish-people-vs-the-uk/ 

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