30 August, 2019
Lord Doherty rejects Interim Interdict regarding prorogation of Parliament
Following an urgent hearing on Thursday 29 August 2019, Lord Doherty has rejected Interim Orders sought by 75 Petitioners on the illegality of proroguing Parliament and interim interdict against UK ministers to prorogue and made no comment on whether the Petitioners have a prima facie case, preferring to wait until the Substantive hearing.
The case was due to be heard at a Substantive hearing on 6th September, but was ‘overtaken by events’ by the Queen’s Order in Council to prorogue Parliament, leading to the request for interim interdict. Following today’s decision, the Substantive hearing has been brought forward to Tuesday, 3rd September 2019, due to the interests of justice and the public interest.
Ampersand’s Aidan O’Neill QC is lead counsel for the Petitioners, instructed by Balfour + Manson.
Opinion of Lord Doherty here.
Summary of arguments at the Interim Interdict hearing can be found on the Scottish Council of Law Reporting website here.