Opponents of British Prime Minister Boris Johnson's bid to suspend parliament have been denied an interim interdict at the Court of Session in Edinburgh.
A cross-party group of MPs and peers filed a petition at Scotland's highest civil court earlier this summer aiming to stop the Prime Minister being able to prorogue parliament.
They called for an interim interdict yesterday to halt prorogation until a final decision has been made on the case.
This morning, Judge Lord Doherty dismissed the action ahead of a full hearing originally set for 6 September.
British MP Joanna Cherry who brought the action, said the decision was not on the merits of the case and that the court showed a willingness to hear full arguments next week.
"Court refuses interim orders at this stage but indicates willingness to hear full arguments early next week," Ms Cherry said. "So there is no decision on merits as yet on our attempt to halt prorogation. That will happen next week."
Former British prime minister John Major has asked to join legal action to try to stop Mr Johnson from suspending parliament before Brexit.
Mr Major, prime minister from 1990 to 1997, said he would join anti-Brexit campaigner Gina Miller in pursuing a judicial review of the order to close parliament from mid-September to mid-October.
"If granted permission to intervene, I intend to seek to assist the court from the perspective of having served in government as a minister and prime minister," he said in a statement
"In view of the imminence of the prorogation - and to avoid duplication of effort, and taking up the court's time through repetition - I intend to seek the court's permission to intervene in the claim already initiated by Gina Miller, rather than to commence separate proceedings," he added.
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Ms Miller's action will be heard next Thursday, 5 September.
"Court hearing re @BorisJohnson proroguing Parliament will be heard next Thursday 5th September. I will be adjoined by Sir John Major," she tweeted.
Ms Miller successfully challenged the government in 2017 over its authority to leave the EU without a vote in parliament.
Meanwhile, at a hearing in Belfast's High Court, Lord Chief Justice Sir Declan Morgan set 6 September for the presentation of legal argument on the interim injunction that is being sought by campaigner Raymond McCord to have the suspension reversed.
