The Outer House of the Court of Session has handed down its judgement in the Petition for Judicial Review by a group of Scottish MPs, MSPs and MEPs.

At issue was the interpretation of Article 50 of the Treaty on the European Union (EU) which sets out the process for a country to leave the EU.

The Petitioners sought Judicial Review in order to determine whether or not a Member State, having changed its mind about withdrawal, may unilaterally withdraw its notice and remain in the EU.

The Judgement

In the Court’s judgement, Lord Doherty explained that “the application’s prospect of success falls very far short of being a real prospect”. He added that: “In my view the Government’s stated policy is very clear. It is that the notification under Article 50(2) will not be withdrawn… given that neither Parliament nor the Government has any wish to withdraw the notification, the central issue which the Petitioner has asked the Court to decide – whether the UK could unilaterally withdraw the Article 50(2) notification – is hypothetical and academic. In those circumstances it is not a matter which this Court, or the CJEU, require to adjudicate upon.”

The Petitioners appealed to the Inner House of the Court of Session.  The appeal was heard on 21st February and we await the Court’s decision.  Thereafter, either party may appeal to the Supreme Court of the United Kingdom in respect of the Inner House’s decision.