WIGHTMAN MSP, & Ors FOR JUDICIAL REVIEW [2018] ScotCS CSOH_8 (06 February 2018)

WIGHTMAN MSP, & Ors FOR JUDICIAL REVIEW [2018] ScotCS CSOH_8 (06 February 2018)

The court held that the application was premature and hypothetical, as there was no real dispute requiring determination, and declined to refer the question to the CJEU.

Citation
[2018] ScotCS CSOH_8
Parties
Applicant: Andrew Wightman MSP; Applicant: Ross Greer MSP; Applicant: Alyn Smith MEP; Applicant: David Martin MEP; Applicant: Catherine Stihler MEP; Applicant: Christine Jardine MP; Applicant: Joanna Cherry MP
Jurisdiction
Scotland
Judgment Date
06 February 2018
Procedural Posture
Judicial Review / First Instance
Outcome
application dismissed
Legal Topics
Brexit, Article 50 TEU, Withdrawal From EU
Constitutional Law European Union Law Brexit Article 50 TEU Withdrawal From EU

Case Brief

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Parties

Andrew Wightman MSP

Applicant

Ross Greer MSP

Applicant

Alyn Smith MEP

Applicant

David Martin MEP

Applicant

Catherine Stihler MEP

Applicant

Christine Jardine MP

Applicant

Joanna Cherry MP

Applicant

Procedural Posture

Judicial Review / First Instance

Legal Issues

  1. 1 Whether Article 50 TEU can be unilaterally revoked by the UK
  2. 2 Whether the court should refer the question to the Court of Justice of the European Union

Ratio Decidendi

The court held that the application was premature and hypothetical, as there was no real dispute requiring determination, and declined to refer the question to the CJEU.

Court Disposition

application dismissed

Orders

  • Application for judicial review refused
  • No reference to the Court of Justice of the European Union