A legal move has already been launched against Boris Johnson's five-week suspension of parliament ahead of Brexit.

A group of more than 70 MPs and peers of various political parties are behind the filing of a petition at the Court of Session in Edinburgh.

Earlier this month, a judge agreed to accelerate the timetable for the legal challenge against a prorogation of parliament to take place, setting the date for a substantive hearing as 6 September.

'We're not going to wait to take country forward'

But, following the prime minister's request today to the Queen to suspend parliament in the week beginning 9 September to October 14, the group has now asked for the case to be brought back to court tomorrow.

Labour MP Ian Murray, one of the petitioners, revealed he made the request by posting a photo of himself signing an affidavit on Twitter.


He 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."

SNP MP Joanna Cherry, who is leading the legal challenge, told her Twitter followers: "Don't panic!

"We have asked the Scottish court for a hearing tomorrow on the legality of this purported suspension of parliament and we're confident we'll be heard this week."

She also told Sky News on Wednesday: "The basis of our legal case is that it is unlawful to suspend parliament for the specific purpose of preventing parliament from scrutinising our progress towards Brexit."

Ms Cherry added: "We're in unprecedented territory here but those advising us, the legal team advising us, think that we have a robust case and reasonable prospects of success.

"The point is to try and get this looked at sooner rather than later."

Don’t panic! We have asked the Scottish court for a hearing tomorrow on the legality of this purported suspension of Parliament & we’re confident we’ll be heard this week #NoDeal #Brexit #Prorogation #Cherrycase pic.twitter.com/Q1UvA7EJjl — Joanna Cherry QC MP (@joannaccherry) August 28, 2019

Jolyon Maugham QC, a barrister and director of the Good Law Project, which is supporting the legal action, said the group had a belief parliament can be "unsuspended" and would be asking the Scottish court to "do exactly that either tomorrow or on Friday".

Other legal challenges against the prime minister's actions have also been mooted.

Last month, during the Conservative leadership contest, former prime minister Sir John Major said he would seek a judicial review should a new prime minister try to suspend parliament to deliver a no-deal Brexit against the wishes of MPs.

Conservative MP and former attorney general Dominic Grieve told Sky News on Wednesday a judicial review could be brought against Mr Johnson's suspension of parliament, but admitted it was "fairly difficult" to see how it would succeed.

Labour's shadow solicitor general Nick Thomas-Symonds pointed to "fine legal advice" by the party's shadow attorney general, Baroness Shami Chakrabarti.

In a six-page document prepared for Labour leader Jeremy Corbyn, she advised any move to suspend parliament would be subject to legal challenge and the courts could intervene to make sure parliament sits while any dispute about prorogation is resolved.

Anti-Brexit campaigner Gina Miller, who successfully won a case against the government over the triggering of Article 50 in 2017, said she was taking "urgent steps" in the wake of Mr Johnson's action, "to address the situation and ensure that parliament is given sufficient time to have its legitimate say".