Remainers win court review in bid to halt Brexit

A GROUP of Left-wing Scots politicians have secured an expensive legal bid to find out if Brexit can be halted – despite a judge claiming there was ‘no real prospect of success’.

The Remainers want Scotland’s highest civil court to refer their case to the European Court of Justice for a decision on whether Britain could unilaterally revoke Article 50 – which triggered the UK’s withdrawal from the EU – if MPs reject a final deal.

They claim this would mean officials could vote down both a bad deal or no deal when the UK leaves the EU – with a third option of calling off Brexit, knowing they can legally revoke Article 50 without having to go to the other member states.

Lord Doherty originally rejected the bid for a judicial review at the Court of Session but appeal judges yesterday overturned this ruling.

A spokesman for the politicians said: ‘Nothing in Brexit is inevitable and we look forward to the full hearing.’

The judges – led by Lord Carloway, Scotland’s senior judge – were critical of the ‘rhetoric and extraneous and irrelevant material’ in the petition but claimed there

‘Issue of great importance’

was a ‘point of substance’ that should be ‘argued in the normal way’ in court.

The politicians include Green MSPs Andy Wightman and Ross Greer, Nationalist MEP Alyn Smith and Labour MEPs Catherine Stihler and David Martin.

They are seeking a definitive ruling on whether the process of leaving the EU under Article 50 could be revoked by the UK without securing support from the other 27 member states.

Yesterday, Lords Carloway, Drummond and Menzies said: ‘The issues of whether it is legally possible to revoke the notice of withdrawal is one of great importance.’

Lord Carloway said: ‘Whether the [European court] will entertain a question of the type proposed is dependent upon whether this court considers that there is a genuine dispute requiring settlement.’

He added: ‘The court’s decision, having heard full argument, may ultimately reflect the Lord Ordinary’s view but that is for another day.’

David Johnston, QC, representing Brexit Secretary David Davis, argued that Lord Doherty had been right in his decision, saying: ‘The question whether, as a matter of law, it could be withdrawn does not arise. The court is being asked to rule on the legality of something which nobody is proposing to do.’