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Daily Record
Daily Record
Politics
Peter Davidson

Scots judge refuses interdict to stop Boris Johnson proroguing parliament

A legal challenge aimed at stopping Boris Johnson's suspension of parliament has been denied an interim interdict at the Court of Session in Edinburgh.

A cross-party group of MPs and peers filed a petition at Scotland's highest civil court in the capital aiming at stopping the Prime Minister being able to prorogue parliament.

They called for an interim interdict yesterday to halt prorogation until a final decision has been made on the case.

However, earlier today Judge Lord Doherty dismissed the action ahead of a full hearing which will now take place on Tuesday.

Roddy Dunlop QC, arguing for the UK government, said the issue at hand "was not a matter for the courts".

In his judgment 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 September 6, before the first possible date parliament could be prorogued."

Aiden O'Neill QC, representing those for the action, argued for the substantive hearing to be moved forward.

He said: "There is an urgency to this - any delay is prejudicial - not just to the prejudice of the petitioners, but to the country as a whole."

The hearing was then changed from Friday September 6 to Tuesday in the "interest of justice".

Lord Doherty said: "I'm going to move the substantive hearing forward to Tuesday.

"Weighing consideration in the balance, it's in the interest of justice that it proceeds sooner rather than later."

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