Jolyon Maugham

has A Scottish Court , delayed a decision on whether the character is a letter, with the request that a Brexit extension, if Boris Johnson refuses to do so.

activists, asked to agree to the judge to enforce The Law passed by MPs to avoid a no-deal to leave.

The Benn Action calls for Boris Johnson to ask the leader of the EU for a delay, if a deal was not agreed, the of 19. October.

the judges of the Court of Session, which said you could not usually played on the question, to the political debate has"".

The Court will sit again on 21 October, with the judges say, the circumstances should be "much clearer" by then.

A previous ruling had said that there was "No Doubt " that the Prime Minister had promised to keep The Law , But the activists claimed that he could see still to "frustrate" the legislation.

The case brought husband Dale Vince , QC, Jolyon Maugham , and SNP - MP-Joanna Cherry has been by the three petitioners-business.

you want to use the Court to do, in fact, sign a letter to the European heads of state and government on behalf of Mr. Johnson, if the Prime Minister refuses to do so itself.

Mr Johnson has previously said he would "" than any other delay beyond the current 31. October, the date of the output.

On Monday, Lord Pentland, said had the British government, and that there was "no proper basis" on which the Court could decide that it would not do.

The Interior of the house-Jury, headed by Lord Carloway, agreed with this decision, But said that "the circumstances may change in the next ten days".

she said, that "the political discussion has to be played", and they agreed to decide to reconvene after the expiry of the time limit in the legislation on the next Steps .

lawyers for the British government argued that International Relations is entitled, the responsibility of the Minister rather than the courts and the government to promote their own policies, provided that it is not so "legally" and without "frustrating", The Law adopted by MPs.

But Aidan O'neill QC, for the petitioners, said it appeared Mr Johnson can still try to get to the intention of the Benn Action, and the UK from the EU without a business on the 31. October.

highlighting comments from sources within Downing Street, he said, it was clear the policy of the government was to "undermine" and "disrupt" in the legislation.

However, the judges decided that the statements in the "political context" does not necessarily mean the Prime Minister would not be in accordance with The Law .

Lord Carloway: "Until the time for sending The Letter arrived, the clock has not acted unlawfully, whatever he and his officials reported to have said, in private or in public.

"The Situation remains fluid. In the next Two Weeks , the circumstances will change, inevitably. "

He said the "normal course" would be to dismiss the petition, But this would leave little time for the activists to lodge a new one in the case of Mr. Johnson, the refusal to comply with the Benn Action.

The judge continue the case until 21. October: "The Position should be much clearer" by then.

Ms Cherry, The Delay was a "victory" for their side, and the judges had "given the Prime Minister time to fulfill The Promise he made to the Court ".

analysis by Phil Sim, Bbc Scotland political reporter

The judge agreed to intervene and character of the Brexit letter to the Prime Minister , in its name, But more importantly, they have excluded such a step.

Lord Carloway, said activists are "entitled" to ask the Court to consider, stepping, does not meet Boris Johnson , with the Benn Action.

The mag to kick The Can down The Road a little, But it means that the Court remains the role is very relevant in the coming days of Brexit drama.

What also always Boris Johnson move decides to take, the possibility of another courtroom challenge will be about him.

That uncertainty only increases its current difficulties - it is a further Leakage of question marks for the Prime Minister at a crucial moment.

The procedure of application to the nobile officium is unique in Scottish law, But is far from being a forgotten backwater of the legal system.

Its name is a Latin term and means "noble" office".

The method offers the possibility of an appeal in a dispute where none exists.

In other words, it is the plug every gap in The Law can, or provide mitigation if The Law , if applied, would be detected, too severely.

In this case, it would see an official of the Court sign a letter to the EU requirement of a Brexit-extension, the to Act as in the Benn, should deny the Prime Minister .

Source of news: bbc.com