Supreme Court to decide Government appeal permission on papers

Three Justices of the UK Supreme Court will next week consider an application by the UK Government for permission to appeal the decision of the Court of Session as it attempts to prevent the EU Court of Justice considering the article 50 withdrawal case.

Lady Hale, President of the court, Deputy President Lord Reed, and Lord Hodge, the other Scottish Justice apart from Lord Reed, will decide the question on the case papers after the Government's request for an oral hearing was refused.

The Court of Session decided to refer to the EU court the question whether the UK could unilaterally withdraw its notice to withdraw from the EU, given under article 50 of the EU Treaty, in a case brought by a cross-party group of parliamentarians.

Ministers have argued that the question is hypothetical and is not a proper one to put to the court. Their application for permission to appeal has been signed by no fewer than five Queen's Counsel. The petitioners maintain that appeal at this stage is not in fact competent.

In a statement confirming the arrangements, the court said it was "aware of the urgency of this matter".

The EU court is due to hear the reference on 27 November. The Government has asked it to decline to answer the question.