Boris Johnson's suspension of Parliament was unlawful - what happens now?

Three senior Scottish judges have ruled that Boris Johnson's decision to suspend Parliament was "unlawful".

The bombshell decision at , the , came after a challenge by around 70 politicians.

caused uproar by forcing through a suspension of parliament on Tuesday, shutting out until October 14.

The court ruling does not make any immediate practical change, and is likely to go on to the Supreme Court in London next week.

So what next?

Boris Johnson's suspension of parliament was deemed unlawful (AFP/Getty Images)

Is today’s judgment the final word?

No. The UK Government disputes the Scottish ruling and is appealing to the UK Supreme Court, which will hear the case on Tuesday.

The Supreme Court will combine the Scottish case with a separate English High Court ruling from last week brought by the campaigner Gina Miller, which ruled in favour of prorogation. 

The Government said it was “disappointed” by the ruling but that it would abide by the Supreme Court result. 

Legal experts suggested this was likely to fall in favour of prorogation. 

Is Parliament still shut down?

Yes, apart from a few MPs popping into the Commons chamber for selfies. The Court of Session hasn’t issued a specific order to recall MPs – although lawyers in the case claim this doesn’t matter. 

The Government is refusing to voluntarily bring back MPs until the Supreme Court hands down its final ruling next week.

The House authorities say that as long as Parliament is still legally prorogued, MPs have no power to force it to sit. 

Instead the power to bring MPs back to the House rests with the Government, which has to ask
the Queen. 

What happens if Boris Johnson loses in the Supreme Court?

It looks like the PM would have to back down and let MPs return to the Commons. His official spokesman confirmed if he loses in the Supreme Court, the Government will abide by the ruling. 

But he stopped short of saying whether that meant Parliament would automatically be sitting again immediately. It could take weeks – when they are due back anyway. 

But he would be under intense pressure from MPs desperate to get back into the chamber during a time of national crisis.