Ministers are well aware of this case, I’ve been told that its significance may be being underplayed, I had been told that the Government would seek to appeal the Court of Session’s reference to the ECJ, but apparently didn’t, or haven’t at the most appropriate opp this week...
This is the actual reference from Scotland’s highest court directly to the European Court of Justice asking for a clarification on whether EU Law (ie Article 50) allows for unilateral revocation dropbox.com/s/3sq5dvjh8ruc… via one of the petitioners @JolyonMaugham
It could have got rather interesting constitutionally if the UK Gov had asked the Supreme Court to overrule Scotland’s highest court asking the EU Court whether a UK Govt had theoretical option to revoke A50 without negotiation, options it says it does not want.
Still it will be interesting to see how the UK Govt approaches the ECJ process now underway likely fast tracked before Christmas... one for the Tory conference darling Attorney General Geoffrey Cox
