Court of Session rejects UK appeal bid

The European Court will be asked if the UK can unilaterally stop Brexit after the UK government was refused an appeal by Scotland’s highest court.

The Court of Session in Edinburgh ruled in September to refer the question of whether the UK can unilaterally revoke its Article 50 request to leave the European Union to the Court of Justice of the EU (CJEU) after a case brought by a group of politicians.

A date had been set for 27 November but the UK government made an application for permission to appeal the ruling to the UK Supreme Court. Lord Carloway, Scotland’s most senior judge and Lord President of the Court of Session, refused the application yesterday and the case will proceed to the CJEU.

The initial case had been brought by a cross-party group of politicians: Labour MEPS Catherine Stihler and David Martin, Joanna Cherry MP and Alyn Smith MSP of the SNP and Green MSPS Andy Wightman and Ross Greer, together with lawyer Jolyon Maugham QC.

After the case, Mr Maugham tweeted: “The government’s last-ditch effort to block our attempt to empower Parliament to act in the national interest has failed. Application for permission to appeal refused – and the end of the line for the government.

“The government must now focus on meeting the promises made to voters in the referendum campaign. If it cannot deliver that deal the people must be asked again – because it has no mandate to drive the country off a cliff.”