A FORMER SNP Justice Secretary has said that “the Jocks” stopping Brexit through a Scottish legal action is the “worst nightmare” of Tory Brexiteers.

Kenny MacAskill said the European Research Group led by Jacob Rees-Mogg would be “choking on their G&Ts” if the European Court of Justice ruled MPs could halt Brexit.

Scots Tory MP Ross Thomson, a member of the European Research Group, accused the former MSP of being "desperate" and out of touch with the third of SNP supporters who voted Leave in 2016.

Mr MacAskill was referring to a legal challenge to Brexit brought by a cross-party group of Scottish politicians led by Green MSP Andy Wightman.

The group is trying to establish if MPs have the power to revoke the Article 50 notification that triggered Brexit, and so potentially stop Brexit itself.

The author of Article 50, Lord Kerr of Kinlochard, has repeatedly said it can be revoked, but there has never been a definitive ruling by the European Court of Justice (ECJ).

Earlier this year, the Scottish politicians asked the Court of Session to refer the question to the ECJ for a ruling.

Last month Scotland’s most senior judge, the Lord President, Lord Carloway, and two others ruled the matter should go to the ECJ.

The court is now due to consider the matter under an expedited procedure on November 27.

Mr MacAskill said that if the case succeeds, it could give MPs the power to stop Brexit, rather being forced into a choice between any deal achieved by Theresa May and No Deal.

The UK Supreme Court has already ruled that MPs had to be involved in invoking Article 50.

Mr MacAskill said a ruling that MPs also had the power to revoke it would “dovetail” with that and underline parliament’s sovereignty.

Appearing on Alex Salmond’s Kremlin-TV show, he said: “I think the European Research Group will be choking on their G&Ts.

"Not only is it their worst nightmare that the European court that they so despise has delivered it, but it’s been brought there by the Jocks.

“Never mind ‘English votes for English laws’, all of a sudden Scots law is actually going to be able to usurp that and deliver a decision on the floor of the Palace of Westminster.

“It is their worst nightmare. It means that there’s an alternative option out there, outwith the narrow parameters that they’ve painted, and it does change the whole game for the UK."

He went on: “If the European court goes as we hope and expect then Parliament’s empowered to be able to not just decide Brexit or no Brexit, but to actually withdraw Article 50.

“It changes the whole dynamic of being driven down a narrow route where there’s only Chequers or a no deal.”

He said that in the first instance Brexit should be paused, not abandoned.

“Parliament is going to have a choice that I think the majority of the people of the UK would probably go for, which is let’s just call a halt to things at the moment, until we see just what the alternative is.

“It’s not just what was painted on the side of a bus two years ago. We’ve got to take stock and consider whether this is wise, whether it’s best, and these things can’t be rushed.”

The UK Government wants to stop the ECJ referral and have the matter decided by the UK Supreme Court, with a leave of appeal hearing due at the Court of Session on November 7.

Brexiter Ross Thomson, the MP for Aberdeen South, said: "This is desperate stuff, which sadly is the norm for Alex Salmond’s Kremlin-backed show.

"The fact is that the British people voted to leave the EU in 2016. This government is making sure we do exactly that.

"Any attempt to reverse that decision would be a betrayal of those who voted for Brexit – including a third of SNP supporters."