A legal bid to challenge the suspension of parliament has succeeded at the appeal court in Edinburgh, with judges ruling British Prime Minister Boris Johnson’s prorogation of parliament was “unlawful”.
A group of around 70 parliamentarians had appealed against a ruling by a judge at the court that Boris Johnson’s prorogation of Parliament is lawful.
Judge Lord Doherty originally dismissed a challenge against the suspension – which went ahead in the early hours of Tuesday – at the Court of Session last Wednesday, saying it is for politicians and not the courts to decide.
But three judges of the Inner House, the supreme civil court in Scotland, disagreed with Lord Doherty’s ruling.
The UK Government plans to appeal against the latest ruling to the Supreme Court.
SNP MP Joanna Cherry QC, who was among the cross-party group of politicians that brought the action, tweeted: “All 3 judges in Scotland’s Highest court of appeal rule (prorogation) unlawful.
“Huge thanks to all our supporters (and) our fantastic legal team who have achieved the historic ruling.”
— Joanna Cherry QC (@joannaccherry) September 11, 2019
The supreme court has already scheduled an emergency hearing on both the Scottish and English cases for next Monday, alongside a third challenge brought in the courts in Northern Ireland.
There were chaotic scenes in the Parliament when Mr Johnson called for the five-week recess.
The five-week suspension includes a three-week period that would typically be recess anyway, during which the Liberal Democrat, Labour and Conservative party conferences are held, but is nevertheless longer than usual.
More to follow…