A Scottish judge has temporarily rejected calls to halt Boris Johnson’s plans to suspend the UK parliament.
Lord Doherty said he was not satisfied there was a “cogent need” for an interim interdict, a blow to anti-Brexit campaigners.
It was claimed during an emergency court hearing on Thursday that Johnson was acting illegally and in breach of the constitution.
A group of 75 parliamentarians were seeking an interim interdict – similar to an injunction – at the Court of Session ahead of a full hearing.
The full hearing will now be heard next Tuesday, rather than Friday.
Lord Doherty said this was because it was in the interests of justice, and in the public interest, for the case – which is opposed by the UK government – to proceed as quickly as possible.
But he said: “I am not satisfied that it as been demonstrated that there is a need for an interim suspension or an interim interdict to be granted at this stage.
“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.”
Legal arguments from both sides will be heard on Tuesday, after which the judge will decided the merits of the case.
His final ruling will potentially be delivered the following day.
Lord Doherty’s decision not to grant an interdict was largely because the first possible date that Parliament can be suspended is next Friday.
The prime minister wants to suspend parliament – a process known as proroguing – for several weeks ahead of a Queen’s Speech on October 14.
The UK is due to leave the EU on 31 October.
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