Wightman and others, petitioners

Judicial review – Procedure – Permission to proceed. Court of Session: Refusing permission to proceed in judicial review proceedings in which the petitioners contended that implicit in the Government's stated policy that notification under art 50(2) of the Treaty on European Union of the UK's intention to withdraw from the European Union would not be withdrawn was a belief that notification could not be withdrawn unilaterally, and that therefore there was a genuine dispute between them and Government as to correct interpretation of art 50(2) requiring to be resolved, the court held that the application did not have a real prospect of success: it was not implicit in the policy that the Government's interpretation of art 50(2) was that the notifying member could not unilaterally withdraw the notification, and given that neither Parliament nor the Government had any wish to withdraw the notification, the central issue the petitioners asked the court to decide—whether the UK could unilaterally withdraw the notification—was hypothetical and academic.

Category: