Cherry and others (Respondents) v Advocate General for Scotland (Appellant) (Scotland)

Judgment given

Case summary
Judgment details
Appeal
Change log

Case summary

Case ID

UKSC/2019/0193

Parties

Appellant(s)

Advocate General for Scotland

Respondent(s)

Joanna Cherry QC MP and 78 others

Intervener(s)

Raymond McCord

Issue

1) Whether the challenge to the decision of the Prime Minister to advise Her Majesty the Queen to prorogue Parliament is justiciable in the courts. 2) Whether the appeal is in any event academic, given Parliamentary sittings before the UK’s exit from the EU on 31 October 2019? 3) If the appeal is justiciable, whether the Prime Minister’s advice was lawful.

Facts

The Inner House held that the issue of prorogation was, in the circumstances, justiciable. When the reasons for the prorogation that has occurred were considered they demonstrated that the true reason for the prorogation was to reduce the time for Parliamentary scrutiny of Brexit and thus prevent Parliament from performing its central role in scrutinising Government action