Skip to content
Law Society of Scotland
Search
Find a Solicitor
Contact us
About us
Sign in
Search
Find a Solicitor
Contact us
About us
Sign in
  • For members

    • For members

    • CPD & Training

    • Membership and fees

    • Rules and guidance

    • Regulation and compliance

    • Journal

    • Business support

    • Career growth

    • Member benefits

    • Professional support

    • Lawscot Wellbeing

    • Lawscot Sustainability

  • News and events

    • News and events

    • Law Society news

    • Blogs & opinions

    • CPD & Training

    • Events

  • Qualifying and education

    • Qualifying and education

    • Qualifying as a Scottish solicitor

    • Career support and advice

    • Our work with schools

    • Lawscot Foundation

    • Funding your education

    • Social mobility

  • Research and policy

    • Research and policy

    • Research

    • Influencing the law and policy

    • Equality and diversity

    • Our international work

    • Legal Services Review

    • Meet the Policy team

  • For the public

    • For the public

    • What solicitors can do for you

    • Making a complaint

    • Client protection

    • Find a Solicitor

    • Frequently asked questions

    • Your Scottish solicitor

  • About us

    • About us

    • Contact us

    • Who we are

    • Our strategy, reports and plans

    • Help and advice

    • Our standards

    • Work with us

    • Our logo and branding

    • Equality and diversity

  1. Home
  2. News and events
  3. Legal news
  4. Court gives effect to EU judges' article 50 ruling

Court gives effect to EU judges' article 50 ruling

21st December 2018 | europe , government-administration

The Court of Session has formally given effect to the ruling by the EU Court of Justice that the UK's notice to withdraw from the European Union can be revoked by its own decision.

At a hearing yesterday, three Inner House judges, Lord President Carloway presiding, granted a declarator which, Lord Carloway said, "mirrors the decision of the Court of Justice of the European Union, which I think brings the proceedings to an end".

Last week's ruling was given by the full court of 27 European justices, on a question referred by the Court of Session in a petition brought by Andy Wightman MSP and other elected politicians, who sought a definitive ruling in order that MPs and others who had to vote on the Withdrawal Agreement were fully informed as to the options available. 

The court held that, when a member state has notified the European Council of its intention to withdraw from the European Union, as the UK has done, that member state is free to revoke unilaterally that notification.

"That possibility exists for as long as a withdrawal agreement concluded between the EU and that member state has not entered into force or, if no such agreement has been concluded, for as long as the two-year period from the date of the notification of the intention to withdraw from the EU, and any possible extension, has not expired."

It added that the revocation must be decided "following a democratic process in accordance with national constitutional requirements". The case leaves open the question whether that would require an Act of Parliament in the case of the UK, or only an appropriate motion in the House of Commons.

At yesterday's hearing the UK Government was also ordered to pay £105,000 in legal expenses to the petitioners, the maximum open to the court to award. A crowdfunding appeal raised about £200,000 for the petitioners' legal costs.

Add To Favorites
Law Society of Scotland
Atria One, 144 Morrison Street
Edinburgh
EH3 8EX
If you’re looking for a solicitor, visit FindaSolicitor.scot
T: +44(0) 131 226 7411
E: lawscot@lawscot.org.uk
About us
  • Contact us
  • Who we are
  • Strategy reports plans
  • Help and advice
  • Our standards
  • Work with us
Useful links
  • Find a Solicitor
  • Sign in
  • CPD & Training
  • Rules and guidance
  • Website terms and conditions
Law Society of Scotland | © 2025
Made by Gecko Agency Limited