Cross-party MPs seek emergency ruling from Scottish court to block Commons suspension

The Independent understands the bid will be heard on Thursday

A cross-party group of MPs is seeking an emergency ruling from Scotland's top court to put the brakes on Boris Johnson's request to suspend parliament.

Amid outrage at the plans, the group of more than 70 pro-EU parliamentarians filed a fast-track motion at the Court of Session in Edinburgh on Wednesday for an interim injunction to prevent parliament from being prorogued ahead of the Brexit deadline.

The legal bid, which was launched last month, had been due to be heard on 6 September, however The Independent understands it is now scheduled for Thursday.

It comes as Mr Johnson was accused of committing a "constitutional outrage" after he announced plans to suspend the sitting of the Commons ahead of a Queens Speech on 14 October.

The news has plunged Westminster into chaos and derailed plans by anti no-deal MPs to use legislation to block a disorderly departure from the EU.

Labour MP Ian Murray, who is one of the petitioners, said: “Boris Johnson’s plan to suspend parliament is an assault on our democracy.

“This is the people’s parliament, and the people deserve to have their representatives in parliament during this vital period.

“Legal action to prevent the prime minister suspending parliament has already been fast-tracked through the courts and we are now seeking an emergency hearing to prevent this undemocratic action.

“A no-deal Brexit would be catastrophic for Scotland and the UK, and we will do everything we can to stop Boris Johnson inflicting such hardship on the people. The final say on Brexit should be handed back to the people."

The legal challenge is being headed by SNP MP Joanna Cherry and Liberal Democrat leader Jo Swinson, with support from the Good Law Project.

QC Jo Maugham confirmed the group has "filed a motion asking the Court of Session to suspend the prime minister's request that parliament be suspended".

The group had aimed for their crowdfunded case to be heard by the court in time for a decision to be in place before MPs return from their summer break on 9 September.

The petitioners are represented by the same legal team as brought a successful action in 2018 that the UK has the right to unilaterally revoke Article 50.

The group will seek a ‘declarator’ from the court that Boris Johnson cannot lawfully advise the Queen to suspend parliament, citing the Wightman case to argue that the court should state the law in advance of the Queen being asked to suspend parliament.