European Court should say if UK alone can stop Brexit, say Scottish judges

Pro EU campaigners are convinced Britain has the legal clout to stop Brexit and should seek the right to do so

A legal appeal to determine whether Britain alone can change its mind about leaving the European Union (EU) should be given consideration by the European Court of Justice (ECJ), Scotland's highest court has ruled.

The Court of Session decision means the ECJ should say whether it is legally possible for Britain to stay in the world's biggest trading bloc if its parliament so decides.

Petitioners argued legal certainty about the process is needed in advance of any British parliamentary vote because no country has ever withdrawn from the European Union.

Theresa May's plans for Brexit are mired in doubt after EU leaders cautioned her that unless she presented an alternative to her current proposal, Britain would crash out of the EU without a deal.

The decision could now, theoretically, be appealed again before the UK Supreme Court, although legal sources close to the case believe that option is unlikely.

Pro-European petitioners argued that while there is no legal doubt that Britain could stop Brexit with the permission of the other 27 member states.

It should seek to establish a legal right to do so unilaterally whether the rest of the bloc likes it or not.

Judges at the Court of Session said they had agreed to refer the case for advice on EU law from the ECJ.

British government officials were unavailable to comment.

Reuters