At the Court of Session, Lord Doherty rejected an interim interdict on Friday against Boris Johnson’s suspension of Parliament, but a full court hearing will be held next Tuesday given the public interest.
The legal challenge involves more than 75 MPs and peers, working on a cross-party basis.
Ian Murray, Labour MP for Edinburgh South, is one of the petitioners and he said: “This verdict means a full hearing has been fast-tracked to next week, which is now the most important week in modern British history.
“It is disappointing that we have to go to the courts to protect British democracy, but Boris Johnson’s attempt to silence the people’s representatives cannot go unchallenged.
“As well as this legal battle in the Court of Session, the campaign against a no-deal Brexit will also take place in the House of Commons.
“We must work tirelessly, across all parties and none, to fight against the devastation of a no-deal Brexit, fight for our democracy, and fight for the people to have a final say on Brexit.”
We met Ian Murray on Friday afternoon and this is what he said to us :
Joanna Cherry QC MP who has been at the forefront of the campaign said: “The ruling at the Court of Session in Edinburgh is a victory and vindication of our case, and I am glad that the merits of the case will now be heard in full at the earlier date of next Tuesday 3rd September.
“I look forward to working with our legal team in setting out the arguments of our cross-party case over whether or not prorogation should be stopped, and if it is unlawful and unconstitutional.
“It is normal in cases such as these for the parties to lodge sworn affidavits as to their position. As the lead Petitioner in the case I have lodged a sworn affidavit and I am calling upon Prime Minister Boris Johnson to do likewise, and to swear on oath his reasons for the prorogation and submit himself to cross examination if necessary.
“The basis of our legal case is that it is unlawful to suspend Parliament for the specific purpose of preventing Parliament from scrutinising the Brexit process. Those arguments have only been strengthened following the comments by the Defence Secretary over the real reasons why the UK government plans to prorogue Parliament – to frustrate Parliamentarians and prevent them from holding the government’s Brexit plans to account.
“I am glad that the court has ruled that the full hearing will now take place at an earlier date in the public interest and in the interests of justice.
“We are in extraordinary and unprecedented constitutional territory and we have a duty to ensure that this Tory Prime Minister does not shut down democracy in a blatant and shameful plot to force through an extreme Brexit.”