We've just had word that the Scottish Government have enrolled a standard motion to establish whether the case should proceed under Judicial Review or Ordinary Cause. (Different types of procedures) and also to establish whether the case has permission to proceed.
Both of these are normal because under the Court of Session Act 1988 a judicial review requires consent from the Lord Ordinary (judge in the court of session) to proceed.
While this is all pretty standard stuff. I'm not quite sure what the specifics are yet, but they will come in good time.
What is quite good news, is that having a hearing under this rule to establish which route the case takes means that within the next few weeks we might actually know the exact date for the main case coming in front of the court.
I'll update you all when I know more. -Martin
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