A group of pro-Remain Scottish politicians has won the latest round of a legal bid to secure a ruling that Brexit could be unilaterally halted.

They want Scotland’s highest civil court to refer their case to the European Court of Justice for a definitive decision on whether Britain could unilaterally revoke Article 50 if the final deal is rejected by MPs.

They claim the possibility of calling off Brexit would offer a third option, instead of Britain potentially having to choose between a bad deal or leaving the EU with no deal.

Lord Doherty rejected their bid for a judicial review on the issue in the Court of Session in Edinburgh, saying it had little prospect of success, but appeal judges, led by Lord Carloway, Scotland’s senior judge, have overturned that ruling and allowed the review to proceed.

They were critical of the "rhetoric and extraneous and irrelevant material" in the petition but added that there was a "point of substance" which should be "argued in the normal way" in court.

The group includes the Green MSPs Andy Wightman and Ross Greer, the SNP MEP Alyn Smith and the Labour MEPs David Martin and Catherine Sithler.