THE SNP and Labour have demand MPs head back to Westminster after a daming court judgement in Edinburgh ruled that Downing Street had acted illegally in suspending Parliament

On Wednesday morning, three judges, chaired by Lord Carloway, Scotland’s most senior judge, said Boris Johnson’s decision to prorogue for five weeks “was unlawful because it had the purpose of stymying Parliament" in the run up to the Halloween Brexit deadline.

Speaking to journalists outside the Court of Session, the SNP’s Joanna Cherry, who was one of the lead petitioners, said it was time to recall Parliament. 

READ MORE: The Court of Session's statement on the illegal prorogation of Parliament in full

READ MORE: Boris Johnson to appeal Scottish Court's Brexit judgment

She said: “Now for every moment parliament remains prorogued the British government are breaking the law. 

“So we as politicians are calling for Parliament to be recalled so that we can get on with scrutinising what this Government is up to in relation to Brexit.”

In a statement issued later, she said "Boris Johnson cannot be allowed to break the law with impunity.”

Labour’s shadow Brexit secretary Keir Starmer agreed and called for MPs to head back to the Commons this afternoon.

In a sensational decision the three judges also suggested the Prime Minister had lied to the Queen

Their judgement overturns last week’s ruling that progration was a political decision.

In their initial statement, they said “the Prime Minister's advice to HM the Queen that the United Kingdom Parliament should be prorogued from a day between 9 and 12 September until 14 October was unlawful because it had the purpose of stymying Parliament."

It continues: "All three First Division judges have decided that the PM's advice to the HM the Queen is justiciable, that it was motivated by the improper purpose of stymying Parliament and that it, and what has followed from it, is unlawful."

They added: "The Court will accordingly make an Order declaring that the Prime Minister's advice to HM the Queen and the prorogation which followed thereon was unlawful and is thus null and of no effect."

At the hearing, Judge Lord Carloway told the court: "We are of the opinion that the advice given by the Government to her majesty the Queen to prorogue parliament was unlawful and that the prorogation itself was unlawful."

A UK Government spokesman said: "We are disappointed by today's decision, and will appeal to the UK Supreme Court.

"The UK Government needs to bring forward a strong domestic legislative agenda. Proroguing Parliament is the legal and necessary way of delivering this."

The supreme court has already scheduled an emergency hearing on both the Scottish and a seperate English cases for next Tuesday. 

The three Scottish judges are to all issue their own reasonings in full on Friday.

Jolyon Maugham QC, whose Good Law Project funded the legal challenge, said: “Our understanding is that unless the supreme court grants an order in the meantime, parliament is unsuspended with immediate effect.

“I’m relieved that my understanding of the functioning of our democracy – that allows parliament to exercise its vital constitutional role – has been vindicated by Scotland’s highest court.

“This is an incredibly important point of principle. The prime minister mustn’t treat parliament as an inconvenience.

Labour MP Ian Murray tweeted: "Great result from the Court of Session. The contempt that the PM has shown to Parliament and the public is unprecedented. The advice given to the Queen was not the reason wanted for a 5 week prorogation."

First Minister, Nicola Sturgeon tweeted: "Today’s Court of Session judgment is of huge constitutional significance - but the immediate political implications are clear.

"Court says prorogation was unlawful and null and void - so Parliament must be recalled immediately to allow the essential work of scrutiny to continue."