Scotland: Appeal judges grant permission to proceed in legal challenge over revocability of Article 50
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A petition seeking judicial review of the UK government’s “position” on the revocability of a notice of intention to withdraw from the EU has been granted permission to proceed following an appeal, our sister publication Scottish Legal News reports.
The petitioners, Andy Wightman MSP and others, seek a reference to the Court of Justice of the European Union (CJEU) under Article 267 of the Treaty on the Functioning of the European Union to determine whether such revocation is lawful.
The Lord Ordinary, Lord Doherty, had held that the issue was “hypothetical and academic” and therefore refused permission to proceed on the basis that the application had “no real prospect of success”, but the petitioners lodged a reclaiming motion challenging that decision.
The Inner House of the Court of Session has allowed the reclaiming motion and granted permission to proceed, having ruled that the petition did raise “a point of substance” which should be argued at a full hearing.
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