BREXIT blockers have been handed a boost after a Scottish court said Boris was UNLAWFUL to shutdown Parliament.
Top judges found in favour of an appeal against the PM and the case will go to the Supreme Court next week.
However, no measure is being made to cancel the suspension of Parliament, the Court of Session in Edinburgh heard today.
All three of the judges in Scotland's highest appeal court ruled the shutdown was "unlawful", it has been reported.
An official summary of today's ruling read: "The Court will accordingly make an Order declaring that the Prime Minister’s advice to HM the Queen and the prorogation which followed thereon was unlawful and is thus null and of no effect."
The original case was brought by a cross-party group of 70 MPs and anti-Brexit activists fighting to reverse the PM's decision to stop MPs sitting for more than a month.
Last week it looked like Boris had seen off the legal challenge after top judge Lord Doherty ruled the prorogation was lawful.
Now the case will be taken to Britain's highest court later this month.
A spokeswoman for the Supreme Court in London has said "should any parties choose to appeal to the UK Supreme Court following the prorogation appeal hearings in the lower courts", the court has set aside September 17 "as a date to hear such an appeal".
Today’s ruling goes against that of the High Court last week which rejected the case of desperate Lawyer Gina Miller and ex-PM John Major.
Miller’s legal team told the High Court that the PM's decision to stop MPs sitting for five weeks was an “exceptional” length of time and “unlawful abuse of power”.
But after hearing submissions on Thursday, Lord Justice Burnett ruled this morning that this was not the case.
Rejecting Mrs Miller's argument, he said: "We have concluded that, whilst we should grant permission to apply for judicial review, the claim must be dismissed."
The PM previously warned the case could cause "catastrophic damage" to politics if it succeeded in stopping Brexit.
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