'The UK would be in “unprecedented territory” if the Court of Session rules that the decision to prorogue Parliament breaks the law, according to law experts.
A legal hearing on whether the Prime Minister can legally suspend Parliament to force through a no-deal Brexit was due to be held on 6 September, but yesterday the petitioners raised an interim interdict in the Court to overturn the suspension.
It is possible that the court will hear the petition to suspend the prorogation of Parliament today, although The Scotsman understands the UK Government is attempting to push the hearing to Friday.
The petition has been lodged by a cross-party group of members of the House of Commons and the House of Lords, from Scotland, Wales and England, supported by the Good Law Project. While it will be heard in a Scottish court, anti-Brexit campaigner Gina Miller is considering lodging a similar petition in England.'
(The interim interdict is similar to a temporary injunction outwith Scotland.)
The Queen prorogues Parliament on the PM's advice and as I understand it, the issue is not a challenge to the Queen's right to do so but the PM's advice that she should.