THE SUSPENSION of Parliament is now "null and void" after Scotland's highest civil court ruled it is unlawful.
That is the view of Dr Sam Fowles, one of the legal team behind the case at the Court of Session, challenging Boris Johnson's proroguing of Parliament.
A panel of three judges at the Court of Session found in favour of the cross-party group of politicians who challenged Boris Johnson's actions.
The judges said the PM was attempting to prevent Parliament holding the government to account ahead of Brexit.
And Dr Sam Fowles one of the legal team behind the case, said the result of the ruling means that in effect Parliament is still sitting because the effect of the judges' ruling is that the proroguing did not exist.
READ MORE: Parliament suspension ruled 'unlawful'
That is despite the fact that the Supreme Court will hear an appeal on Tuesday.
"The Court of Session, like the High Court, is a court of jurisdiction for the whole of the United Kingdom," said Dr Fowles, who has provided legal and policy advice at all levels of government, from the Council of Europe to parish councils.
"It made its order, and said that the order to prorogue Parliament is null and void, which means it didn't exist.
"Which means as far as the law goes, Parliament was not prorogued. "Now, what the court can do in some circumstances, right we have made our decision, if there is an appeal, nothing should happen till that appeal is decided. The court did not do that in this situation.
"And so as far as the law is concerned, prorogation is null and void."
The Court of Session decision overturns an earlier ruling from the court, which said last week that Mr Johnson had not broken the law.
Opposition parties have called for Parliament to be immediately recalled, but government sources have said the demands would be rejected.
READ MORE: Boris Johnson accused of 'disrespecting democracy' over Parliament suspension
Mr Fowles implied that the demands cannot be thrown out.
He said: "The Scottish court has said that when the executive acts in a way that is so contrary to the constitution, and so undermines the constitution, then the courts do have jurisdiction.
"The order in this case said it is null and void because the advice was unlawful. And so anything flowing from a null and void order cannot as a matter of law exist."
Asked if Parliament is still technically sitting, Mr Fowles told the BBC: "That is exactly what I am saying.
"It is up to Parliament to decide what to do in this situation. As I see it if the Speaker wants to do business, business can be conducted."
MPs are not scheduled to return to Parliament until October 14,when there will be a Queen's Speech outlining Mr Johnson's legislative plans. The UK is due to leave the EU on October 31.
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