A CROSS-PARTY group of MPs and peers behind a legal bid to stop Boris Johnson forcing through a no-deal Brexit by proroguing Parliament have asked the court for an emergency ruling.
SNP MP Joanna Cherry, who is leading the charge, branded the Prime Minister’s latest move a “constitutional outrage and profoundly undemocratic”.
It came after it emerged Mr Johnson will seek an extended suspension of Parliament ahead of a Queen's Speech on October 14 in a move which would hamper efforts by MPs to thwart a no-deal exit.
READ MORE: "Bring it on" Nicola Sturgeon calls for election after PM plans extended suspension of parliament
More than 70 MPs and peers want Scotland's Court of Session to rule that suspending parliament to ensure the UK leaves the EU without a deal is "unlawful and unconstitutional".
Labour MP Ian Murray previously said the petitioners were considering seeking an interim interdict, similar to an injunction in England and Wales, to block prorogation.
Jo Maugham QC, director of the Good Law Project and one of the driving forces behind the legal battle, confirmed he has now submitted a motion on behalf of the politicians.
He wrote on twitter: "We have filed a motion asking the Court of Session to suspend the Prime Minister's request that Parliament be suspended."
Mr Murray said: “Boris Johnson’s plan to suspend Parliament is an assault on our democracy.
“This is the people’s parliament, and the people deserve to have their representatives in Parliament during this vital period. This is the opposite of taking back control.
“Legal action to prevent the Prime Minister suspending Parliament has already been fast-tracked through the courts and the legal team will now consider the appropriate next steps, including seeking interim orders.
“A no-deal Brexit would be catastrophic for Scotland and the UK, and we will do everything we can to stop Boris Johnson inflicting such hardship on the people. The final say on Brexit should be handed back to the people.”
Speaking to the BBC, Ms Cherry said: “I think really what it means now is it’s more important than ever that we put party politics aside and members of parliament focus on how we can use the time we have next week to try and prevent Boris Johnson from subverting democracy.
“Of course we must remember that what is clear is that there is a majority against leaving the European Union with a no-deal Brexit in the House of Commons, and that’s what Boris Johnson is trying to get round.
READ MORE: Boris Johnson to seek extended suspension of Parliament ahead of a Queen's Speech
“So what he is doing is profoundly undemocratic and there’s a real question over whether what he is doing is unconstitutional and lawful.
“I’m the lead petitioner in a case that’s being brought by 75 Members of Parliament and peers in the Scottish courts to seek a ruling that it would be unlawful to suspend parliament for the purpose to seek to force through a no-deal Brexit.
“And I’ve been on a conference call this morning with my legal team to see if we can speed up the hearing for September 6, and get this issue before the courts speedily, so the court can determine whether what Boris Johnson is up to is lawful or not.
“And I have to say, I find it very concerning that the Queen is being put in such a difficult position.”
During a preliminary hearing in Edinburgh, Lord Raymond Doherty previously agreed to an accelerated timetable for the latest legal challenge, with a substantive hearing scheduled for September 6.
The bid is supported by the same legal team that secured a victory at the European Court of Justice last year over whether the UK could unilaterally cancel Brexit by revoking Article 50.
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