On Friday morning a Scottish judge at the Court of Session in Edinburgh has refused the motion to halt the suspension of parliament.
Judge Lord Doherty said, “I’m not satisfied that it has been demonstrated that there’s a need for an interim suspension or an interim interdict to be granted at this stage.
“A substantive hearing is set to place for Friday 6 September, before the first possible date parliament could be prorogued.”
The hearing has now been bought forward to Tuesday 3 September and he said, “Weighing consideration in the balance, it’s in the interest of justice that it proceeds sooner rather than later.”
Aidan O’Niel QC said that the prime minister should lodge a sworn affidavit, swearing on oath to the court setting out, exactly his reasons for proroguing parliament.
In response to this, Joanna Cherry QC, SNP MP said on Twitter, “Our QC has indicated that the PM @BorisJohnson should lodge with the Court an affidavit sworn on oath about the reasons for the #Prorogation.”
A Downing Street spokeswoman said, “As we have set out, the government needs to bring forward a strong domestic legislative agenda, and MPs are not prevented from scrutinising our withdrawal from the EU.
“We are glad the court found against the interdict, there was no good reason to seek one, given the full hearing is due to take place next week, and the process of bringing the session to an end will not start until the week commencing 9 September.”
Ian Murray Labour MP, who backs the legal action said, “This verdict means a full hearing has been fast-tracked to next week, which is now the most important week in modern British history.
“It is disappointing that we have to go to the courts to protect British democracy, but Boris Johnson’s attempt to silence the people’s representatives cannot go unchallenged.
“As well as this legal battle in the Court of Session, the campaign against a no-deal Brexit will also take place in the House of Commons.
“We must work tirelessly, across all parties and none, to fight against the devastation of a no-deal Brexit, fight for our democracy, and fight for the people to have a final say on Brexit.”
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