Court of Session gives unilateral Brexit withdrawal case go-ahead



The Court of Session has confirmed legal action can go ahead determining whether the UK can unilaterally halt the Brexit process if voters deem the final deal unacceptable.

The UK government has 21 days to respond to the petition, served on it by a group of MPs, MEPs and MSPs from four parties, excluding the ConservativesThe Guardian reports.

Signatories include SNP MEP Alyn Smith; Scottish Green MSPs Andy Wightman and Ross Greer; Scottish Labour MEPs David Martin and Catherine Stihler; Liberal Democrat MP Christine Jardine; as well as SNP MP Joanna Cherry QC.

The group wants the European Court of Justice to determine whether the UK can stop the Article 50 withdrawal process without first gaining the consent of the 27 other member states.

Jolyon Maugham QC, who is organising the legal action via his campaign group the Good Law Project, said he thought there was a clear case for allowing the UK Parliament the right to cancel the Brexit process.

The Office of the Advocate General, Lord Keen of Elie QC, said: “For the avoidance of doubt, the public position we do recognise having taken is that the stated and consistent position of the government has been and is that the UK’s notification under article 50 (2) will not be withdrawn. This is clearly long established and consistent and discloses no basis for legal challenge.”