SCOTLAND’S most senior judge ruled yesterday that a legal challenge to Brexit can go ahead in the Scottish courts.

The Lord President, Lord Carloway, said a previous decision to dismiss the case had “erred” in ruling that there was “no real prospect of success.”

The challenge has been brought by a range of MSPs and European legislators.

Lord Carloway was critical of the “rhetoric and extraneous and irrelevant material” in the petition but stated there was a “point of substance” which should be “argued in the normal way” in court.

Labour, Scottish Green and SNP representatives united with centrist barrister Jolyon Maugham to bring the challenge.

The group believes the British Parliament could unilaterally halt the Brexit process if the final deal negotiated by the government is rejected by MPs.

Another judge, Lord Doherty, originally refused to move the case on, saying the issue was “hypothetical and academic” and that he was “not satisfied the application has a real prospect of success.”