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Fast-tracked hearing agreed for "no-deal" Brexit legal challenge

13 August 2019

The legal case on whether the Prime Minister can legally suspend Parliament to force through a no-deal Brexit will be heard in the Court of Session on Friday 6 September.

Lord Doherty in the Court of Session today agreed to an expedited hearing on the petition by more than 70 MPs and peers who are seeking a ruling for the Prime Minister to advise the Queen to prorogue Parliament in those circumstances would be "unconstitutional and unlawful".

However he refused a further request to report the case to the Inner House at this stage, as the issues had not yet been "properly focused".

The petitioners, whose case has been crowdfunded, were granted a protective expenses order limiting the amount that can be recovered against them if they lose.

In their case they state that "the exercise of the power of prorogation woukld have irreversible legal, constitutional and practical implications  for the United Kingdom", and ask the court to declare that proroguing Parliament before the 31 October Brexit day would be both unconstitutional and unlawful by denying both Houses of Parliament the chance to debte and approve the decision.

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