Scottish court rules prorogation of parliament is unlawful

Press Association
Activists hold EU and Scottish Saltire flags as they demonstrate outside of the Court of Session in Edinburgh last week - AFP

A legal bid to challenge the suspension of parliament has succeeded at the appeal court in Edinburgh, with judges ruling 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 UK Supreme Court, with a hearing expected next Tuesday.

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! £Cherrycase succeeds.

"Huge thanks to all our supporters & our fantastic legal team who have achieved the historic ruling that £prorogation is £unlawful £Cherrycase £Brexit."

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