Wightman, MSP and others v Advocate General

Judicial review – Procedure – Permission to proceed. Court of Session: Allowing a reclaiming motion in a petition seeking judicial review of the UK Government's 'position' on the revocability of a notice of intention to withdraw from the European Union, challenging the Lord Ordinary's decision to refuse permission to proceed with the petition, the court, having considered the relevant test, concluded that although the petition had significant problems there was a point of substance, albeit one heavily concealed by the averments, which should be argued in the normal way and the Lord Ordinary had erred in holding that the petition had no real prospect of success.

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