A SCOTTISH judge has set the date for a crucial ruling on whether MPs can stop Brexit.

The UK Government is seeking a last-minute appeal after the issue was referred to the European Court of Justice (ECJ) for definitive ruling.

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The Lord President, Lord Carloway, said yesterday at the Court of Session that he would hear an application for leave to appeal to the UK Supreme Court on November 8.

Green MSP Andy Wightman, one of the politicians who brought the case, said the UK Government was “bricking itself”.

The case centres on whether MPs are allowed to revoke the Article 50 withdrawal process without the agreement of the other 27 EU states.

If the ECJ agrees with that ruling, it could lead to MPs forcing the Government to abandon Brexit.

The UK Government’s initial victory against the action in the Court of Session in June was overturned on appeal by Lord Carloway, who, with two other judges, referred the case to the ECJ.

Even if the Court of Session granted the Supreme Court appeal, it would require a separate UK Government request for withdrawal of the referral to the ECJ.

SNP, Labour, Green and LibDem politicians have led the battle for a definitive ruling.

Outside court, Wightman said: “The UK Government has not wanted this matter referred to the Court of Justice. They’re very, very keen not to have this argument aired.

“Failure to conclude a deal this week by the UK Government is good news as far as we are concerned, because we want the decision on the unilateral revocability of Article 50 made well before there is a meaningful vote in the House of Commons.

“I think the UK Government is bricking itself. It’s got plenty to get exercised about.”