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Boris Johnson has insisted the UK will leave the EU by Halloween with 'no delay' after a court was told the PM will ask Brussels for a Brexit extension if the two sides have not struck an agreement by October 19.

The Prime Minister has long maintained that he will stick to his 'do or die' pledge to deliver Brexit with or without a deal by October 31.

But he has also insisted that the government will abide by an anti-No Deal law passed by rebel MPs.

Today clarity appeared to emerge over those seemingly contradictory positions as the Court of Session in Scotland heard that government papers said the PM will comply with the law and seek an extension if he is unable to strike an accord with the bloc.

Documents submitted to the Court on behalf of Mr Johnson were read out and in them it is made clear he will not attempt to frustrate the so-called Benn Act.

Mr Johnson tweeted that there would be 'no delay' to Brexit and insisted it was still 'new deal or no deal'

Downing Street did not deny that was an accurate representation of Mr Johnson's position but said that they would not be commenting further.

However, Mr Johnson subsequently recommitted to his 'do or die' promise as he tweeted: 'New deal or no deal - but no delay.'

A senior Number 10 source told the BBC the government remained of the view that a Brexit delay could be avoided even if Mr Johnson is forced to ask for one.

For example, the government could ask for a delay to comply with the law while also making clear in public and private that it will not negotiate any further with the EU.

It came as Leo Varadkar, the Irish Taoiseach, said Ireland would likely agree to a request from the UK for a Brexit extension if the alternative was a No Deal divorce.

Speaking during a visit to Denmark today, Mr Varadkar said: 'I've always said that Brexit doesn't end with the UK leaving, it's just the next phase of negotiations.

'But if the UK were to request an extension, we would consider it, most EU countries would only consider it for good reason, but an extension would be better than No Deal.'

Boris Johnson, pictured leaving Downing Street yesterday, has apparently conceded that he will have to ask the EU for a Brexit delay if there no divorce agreement in place by October 19

Leo Varadkar, pictured in Copenhagen today, said he would back a Brexit delay if the alternative was a No Deal split

Brexiteer Steve Baker, the chairman of the European Research Group of Tory MPs, appeared to suggest that the government could still find a way around a delay as he responded to the court case.

He tweeted: 'A source confirms all this means is that government will obey the law. It does not mean we will extend.

'It does not mean we will stay in the EU beyond Oct 31. We will leave.'

Mr Baker's comments combined with the Number 10 source suggest Mr Johnson may ultimately be forced to ask for a delay but that he could at the same time try to scupper it.

However, even if he was to make clear he does not personally want an extension, the act of asking for one would still be politically damaging given that he said at the start of September he would rather be 'dead in a ditch' than push back Brexit.

Whether or not the EU would be willing to postpone Brexit in such chaotic circumstances is unclear.

But Mr Varadkar made clear today that he was in favour of a delay if the alternative was a chaotic split on October 31.

Speaking alongside the Danish prime minister Mette Frederiksen, who also signalled his support for a Brexit extension, the Taoiseach said he still believes a deal is possible before the current deadline.

He said: 'Our focus is on securing an agreement and getting a deal at the EU Council Summit [on October 17-18].

'I believe that's possible but in order for it to be possible all sides have to reaffirm the shared objectives, when this started two or three years ago, coming to an agreement required no hard border between Ireland, north and south, that the integrity of the Single Market of the European Union will be protected, and that the all-island economy will be protected.

'What we need to do is refocus on those objectives and come to an agreement by the middle of October, and I think that is possible.'

Mr Varadkar sparked outrage yesterday after he said he believed Britain did not want to leave the EU, prompting Brexiteers to accuse him of 'meddling'.

And DUP leader Nigel Dodds condemned the Irish Government over its criticism of the UK's proposal plan for leaving the EU.

'Some of the tone, the rhetoric and substance from both the Taoiseach and from Simon Coveney yesterday was deeply unfortunate,' he said, speaking at Hillsborough Castle after a meeting with Northern Ireland Secretary Julian Smith.

'For Leo Varadkar to go down a list of possible outcomes that would suit the Irish government, talking about Irish reunification and all sorts of fanciful ideas and then saying that the backstop basically was the only other way forward, making it clear in terms that there would be no way out, there would be no alternative to that, that we would be trapped forever in that backstop, he let the cat out of the bag.

What is Boris Johnson's five-point plan to scrap the Irish backstop? Single market Northern Ireland would leave the Customs' Union with the rest of the UK but stay in the single market. This would constitute an 'all island regulatory zone' that covers trade of all goods. It would mean no checks between the two nations, because Northern Ireland would still have to follow EU rules. Goods from Britain to Northern Ireland would effectively be managed by a border in the Irish Sea, with checks only in that direction, not the reverse. Stormont Lock The 'all island regulatory zone' will have to be approved by the people of Northern Ireland. This means the Northern Ireland Assembly has the right to veto the zone and could hold a referendum on the matter. Customs checks Customs checks would have to be put in place on trade between Northern and the Republic of Ireland. Most checks would be made using technology, but some would still have to be physical. Cash for Northern Ireland A promise of a 'new deal for Northern Ireland' means ministers putting money aside for Belfast and Dublin to help aide economic development and ensure new measures work. Keeping to the Good Friday agreement Freedom of movement between two countries will remain. New deal would confirm commitment to collobaration between UK and Ireland. Advertisement

'It was deeply unfortunate and it shows a lack of willingness to engage when he knows that the current backstop and Withdrawal Agreement will not get the support of Parliament.'

When pressed on DUP criticism earlier, Mr Varadkar said he is 'not interested in a quarrel'.

'On what I said yesterday, I don't think I said anything about the DUP, so I can't regret a comment I didn't make,' he said.

'I'm interested in solutions, any solution has to have the support of the people of Ireland and Northern Ireland.

'What's been put on the table by Mr Johnson is not supported by business or civil society in Northern Ireland, it's only supported by one political party, so there's a long way to go.

'Democracy matters, and any agreement that affects Ireland deeply has to have support from people on both parts of the island.'

Legal action launched at the Outer House of the Court of Session today seeks to create an order which would force Mr Johnson to send the extension letter set out in the Benn Act and prohibit him from trying to frustrate the Act's purpose.

That could include banning him from asking EU member states to reject the letter he will be legally obliged to send or by sending an additional letter which contradicts the first.

Aidan O'Neill QC, representing the campaigners behind the legal action, claimed Mr Johnson's previous statements go against what he has said to the court through the documents.

Mr O'Neill said: 'We can't trust this government, in light of statements it has made, that it will comply with the law.'

The trio behind the court action - businessman Vince Dale, SNP MP Joanna Cherry QC and Jolyon Maugham QC - are seeking an order to ensure Mr Johnson requests an extension if he refuses to abide by the terms of the Benn Act.

The hearing was continuing this afternoon. Meanwhile, a judge at the court's Inner House today said it would be 'unprecedented' for an official to be asked to sign the extension letter if Mr Johnson refused.

It heard the unique power of nobile officium - which would allow a court official to sign the letter to the EU - has never been used over a Prime Minister.

Today's court battle comes just over a week after Mr Johnson was humiliated in the Supreme Court as judges ruled unanimously his prorogation of Parliament was unlawful.

The so-called Benn Act was passed by Parliament last month and it requires the government to ask for a Brexit extension until January 31 if an agreement is not reached with the EU by October 19.

Joanna Cherry QC, an SNP MP pictured in Edinburgh today, is one of the campaigners who has brought a fresh legal challenge against the PM over Brexit

The letter which would be sent to the EU to request the delay is set out in the legislation itself and all the PM would be required to do is sign it.

There has been fevered speculation in recent weeks over whether Mr Johnson would comply with the law if he is unable to persuade the EU to accept his 'final offer' on Brexit which he handed over to the European Commission earlier this week.

His political opponents are suspicious that the PM could try to dodge the law or find a loophole in it in order to protect his 'do or die' promise.

Meanwhile, there have even been suggestions that the PM could resign rather than have to break his vow.

Today's revelations from the Court of Session appear to suggest that Mr Johnson does accept that he will have little choice but to comply with what was passed by Parliament at the start of September if a No Deal divorce looks likely.