Supreme Court asked to hear government’s appeal against a legal challenge to Brexit process

The Supreme Court has been asked to consider whether anti-Brexit campaigners can take their case to the European Court of Justice.

A group of Scottish politicians, led by Green Party MSP Andy Wightman, want the European court to decide whether Britain can reverse its exit from the European Union without EU approval.

In March last year Prime Minister Theresa May confirmed Britain would leave the union when she activated article 50 of the Lisbon Treaty, which allows countries to exit the bloc.

The petitioners, who started their court battle in December, want to find out “whether, when and how” the notification of article 50 “can unilaterally be revoked” by the UK.

Judges in Scotland referred the argument to the European Court of Justice, which is due to hear the case on 27 November.

The court will be asked to rule whether EU law allows article 50 to be overturned by the UK acting alone.

Now the government has asked the highest court in the land to hear a case which seeks to block the campaigners’ day in the European Court.

The court said it has been asked to consider the appeal by Brexit secretary Dominic Raab, who left the role yesterday.

The application to the Supreme Court will be considered by Supreme Court justices Lady Hale, Lord Reed and Lord Hodge.

“The court is aware of the urgency of this matter,” the court said in a statement, implying it would take less time than is usual to decide on the application.