Cross-party group unsuccessful in attempt to secure legal ruling

A cross-party group of parliamentarians has lost an early-stage bid to secure a European court ruling on Brexit.

Seven politicians from four parties, not including the Conservatives, believe the UK Parliament could unilaterally halt the Brexit process if the final deal is deemed unacceptable by the Commons.

They claim this offers a third option instead of Britain having to choose between a bad deal on the UK’s future relationship with Europe or crashing out of the EU with no deal.

The group is ultimately seeking a definitive ruling from the European Court of Justice (CJEU) on whether the withdrawal process triggered under Article 50 of the Treaty on European Union can be revoked by the UK on its own, without first securing the consent of the other 27 EU member states.

Their legal team went to the Court of Session in Edinburgh last week to ask a judge to refer the question to the Luxembourg court.

Yesterday, judge Lord Doherty refused to move the case to a full hearing at Scotland’s highest civil court, saying the issue is “hypothetical and academic”, and that he is “not satisfied the application has a real prospect of success”.

The politicians have a right to appeal against the decision to the Inner House of the Court of Session.

The seven elected representatives who launched the case are Green MSPs Andy Wightman and Ross Greer, MEP Alyn Smith and Joanna Cherry QC MP of the SNP, Labour MEPs David Martin and Catherine Stihler and Liberal Democrat MP Christine Jardine.

None were present in court as the judge issued his decision.