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Scots judges confirm ruling that Brexit can be cancelled

The UK can revoke its intention to leave the EU without agreement of other countries.

Scotland voted 62% to remain in the EU.
Scotland voted 62% to remain in the EU. PA

Judges at Scotland's highest civil court have rubber-stamped a European Court of Justice (ECJ) decision allowing the UK to unilaterally revoke its withdrawal from the EU.

The Luxembourg court ruled last week that the UK can go back on its decision to trigger Article 50, which started the Brexit process, without the agreement of the other 27 EU member states.

The ECJ found that if this does happen it must be decided following "democratic process", and would mean the UK remains in the EU as a member state.

It referred the case back to the Court of Session in Edinburgh where a hearing before three judges took place on Thursday, in which it approved the decision.

Scotland's most senior judge Lord Carloway, the Lord President, said: "This court will grant a declarator which mirrors the decision of the Court of Justice of the European Union."

The case was brought by a cross-party group of Scottish politicians, Labour MEPs Catherine Stihler and David Martin, SNP MP Joanna Cherry and MEP Alyn Smith, and Green MSPs Andy Wightman and Ross Greer, together with lawyer Jolyon Maugham QC, director of the Good Law Project.

https://stv.tv/news/scotland/1433614-european-court-of-justice-rules-uk-can-cancel-brexit/ | default

It was originally heard in the Court of Session and two attempts by the UK Government to appeal against the referral to the European court were rejected.

The UK Government argued the case was a "hypothetical validity challenge", but the ECJ disagreed.

In a statement following its ruling on December 10, the ECJ said: "The full court has ruled that, when a member state has notified the European Council of its intention to withdraw from the European Union, as the UK has done, that member state is free to revoke unilaterally that notification."

The UK Government has stressed it has no plans to revoke Article 50.

Those behind the case said the UK is now free to change its mind on Brexit if it chooses and the ruling enables the UK Parliament to back a People's Vote knowing a remain outcome could be acted upon.

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