Brexit: Judge refuses legal bid to temporarily block Johnson's suspension of parliament

Cross-party MPs and peers had filed a fast-track petition in Edinburgh to stop the prime minister from proroguing parliament

A Scottish judge has refused a legal bid to slap a temporary ban on Boris Johnson's move to suspend parliament.

Cross-party MPs and peers had filed a fast-track petition at the Court of Session, in Edinburgh, in an attempt to stop the prime minister from proroguing parliament for more than a month ahead of the 31 October Brexit deadline.

Judge Lord Doherty dismissed the request for an interim interdict but he agreed to fast-track the full hearing to 3 September.

He told the court: "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.

Lord Doherty said a substantive hearing was already set to place on 6 September "before the first possible date parliament could be prorogued", which he was bringing forward in the "interests of justice".

The group has sought to force Mr Johnson to issue a legally-binding statement to the court, known as an "affidavit", setting out his reasons for the suspension of parliament.

More than 70 MPs and peers have brought the legal challenge, headed by SNP MP Joanna Cherry and Liberal Democrat leader Jo Swinson, with support from the Good Law Project.

On Thursday, Aiden O'Neill QC, for the petitioners, urged the court to step in and stop the suspension of parliament, arguing it would prevent an "abusive" and "unconstitutional" use of government powers.

Roddy Dunlop QC, representing the British government, called on the judge to reject the request, as the Queen has already prorogued parliament and there is "no reason" to have an interim decision on such an important matter.

Labour MP Ian Murray, one of the petitioners, said he was pleased the full hearing had been "fast-tracked" to next week.

The Edinburgh South MP added: “It is disappointing that we have to go to the courts to protect British democracy, but Boris Johnson’s attempt to silence the people’s representatives cannot go unchallenged.

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"As well as this legal battle in the Court of Session, the campaign against a no-deal Brexit will also take place in the House of Commons.

“We must work tirelessly, across all parties and none, to fight against the devastation of a no-deal Brexit, fight for our democracy, and fight for the people to have a final say on Brexit.”

Responding to the case, a UK government spokeswoman said: "As we have set out, the government needs to bring forward a strong domestic legislative agenda, and MPs are not prevented from scrutinising our withdrawal from the EU.

"We are glad the court found against the interdict - there was no good reason to seek one, given the full hearing is due to take place next week, and the process of bringing the session to an end will not start until the week commencing 9 September."

It came a judge in Belfast decided not to hear a separate application to prevent prorogation on Friday, brought by victims campaigner Raymond McCord.

Northern Ireland's Lord Chief Justice Sir Declan Morgan said a judge would decide next week if the case should be heard.

Meanwhile, Sir John Major, the former Tory prime minister, revealed he had joined the legal action in England, brought by campaigner Gina Miller.

“If granted permission to intervene, I intend to seek to assist the court from the perspective of having served in government as a minister and prime minister, and also in parliament for many years as a member of the House of Commons,” he said.

Westminster is braced for a series of all-mighty Commons clashes next week, as anti no-deal MPs aim to challenge the prime minister before parliament is prorogued.