Politicians to appeal ruling against Brexit question referral

Five elected politicians who want the question whether the UK can revoke its article 50 EU withdrawal notice referred to the EU Court of Justice for a ruling, are to appeal against the decision refusing their request.

Last month Lord Boyd of Duncansby in the Court of Session refused a petition by a group of MPs and MSPs led by Green MSP Andy Wightman, which claimed that the question of law had arisen on the proper interpretation of the EU Treaties and that the issue was a matter of "very great constitutional importance". (Click here for report.)

Yesterday Lord Drummond Young granted a protective expenses order limiting their liability in legal costs if they lose to £5,000, while capping at £30,000 the UK Government's liability if it loses the next stage.

The petitioners argue that although the UK Government’s position is that the article 50 notice will not be withdrawn and the choice for Parliament is to accept the deal or exit the EU with no deal, that is subordinate to the sovereign Parliament. But it is a necessary prerequisite that the article 50 notification can be withdrawn. Lord Boyd ruled that the question being asked was hypothetical and that the conditions for a reference to the CJEU had not been met.