The Inner House of the Court of Session has decided that the Prime Minister's advice to Her Majesty the Queen that Parliament should be prorogued was a matter which was justiciable (ie, a matter which was capable of being determined by the courts). The summary of their opinions, which has been issued in advance of the full opinions which are to be released at 12 noon on Friday, states that they considered the advice was unlawful because its was motivated by an improper purpose, stymying Parliament.
In doing so the Inner House has overturned Lord Docherty's decision of 4 September which was made on the basis that prorogation of Parliament was a matter of high policy and political judgment and not a matter for the courts.
The Government has said that they will appeal this decision so the next step will be a hearing before the Supreme Court which will take place on next Tuesday, 17 September.
The Supreme Court will also be hearing the appeal in the case before the English courts, raised by Gina Miller, seeking a declaration that the decision of the Prime Minister to tender advice regarding the prorogation of Parliament was unlawful. That case was also rejected on the grounds that the claim was non justiciable.