A group of politicians have started a legal action in Scotland aimed at preventing Boris Johnson forcing through a no-deal Brexit by shutting down parliament.

The cross-party gang of 24 who are leading the action include Liberal Democrat leader Jo Swinson, and the SNP's justice and home affairs spokesman Joanna Cherry.

Legal papers have now been lodged at the Court of Session in Edinburgh and the case could be heard within the next month.

The politicians have teamed up with English lawyer Jo Maugham QC to get Scottish judges to rule it would be unlawful for the Prime Minister to suspend Parliament in order to force through a no deal Brexit.

It is understood he believes if the prime minister asked the Queen to suspend parliament “she faces an impossible choice” and the resulting constitutional crisis could “explode the notion of the UK as a modern, functioning democracy”.

The action has come as Mr Johnson insists Brexit will definitely happen on October 31, regardless of whether or not a deal has been agreed with the EU.

READ MORE: Pound sinks against euro amid no-deal Brexit fears

MPs have previously voted against the UK leaving the EU without an agreement.

The parliamentary group of Remainers believe there is no majority in the Houses of Parliament for a so called hard Brexit and believe it is unlawful to force no deal through the process known as proroguing, which would require the permission of the Queen.

The team have instructed the same legal team which won a victory at the Court of Session and the European Court of Justice last year.

Then, judges ruled  it would be lawful for the UK government to stop Brexit by notifying the EU of its intention to withdraw its article 50 notification.

Among the Scots MPs also bringing this latest action are Labour's Ian Murray and the SNP's Hannah Bardell and Ronnie Cowan.

Earlier it emerged that Remain MPs within the House of Commons were considering a plan to replace Boris Johnson with a 'unity prime minister'  should he push ahead with taking the UK out of the European Union by October 31.

Names suggested as a replacement prime minister included Ms Swinson, Yvette Cooper,  Caroline Lucas or Hilary Benn who would delay Brexit and call a general election.

READ MORE: Boris Johnson secretly pursuing dangerous no-deal Brexit says Nicola Sturgeon

While Mr Johnson has reportedly refused to resign even if he does lose any no-confidence vote, opponents are looking to win the vote and use the "cooling off" which follows it to install a new government that would command a majority in the House of Commons.

It is then expected Jeremy Corbyn would try to create his own government - which would most likely fail - making way for the rebels' "government of national unity".

According to papers lodged at the Court of Session, the parliamentarians bringing the latest action also include Geraint Davies, Hywel Williams, Heidi Allen, Angela Smith, Lord Hain, Baroness Jones of Moulescomb and the Right Honourable Janet Royall, the Baroness Royall of Blaisdon.

 Lord Winston, Lord Wood of Anfield, Debbie Abrahams MP, Rushanara Ali MP, Tonia Antoniazzi MP and  Dr Roberta Blackman Woods MP have also signed up.

Other parliamentarians listed include Ben Bradshaw, Tom Brake, Karen Buck, Ruth Cadbury, Marsha Cordova and Neil Coyle MP.