A LEGAL challenge in a bid to force Boris Johnson to seek an extension to Article 50 has been filed in the Scottish courts.

Lodged at the Court of Session earlier today, the litigation is being led by the SNP’s Joanna Cherry and Jo Maugham QC.

The campaigners are seeking a judgment from the second tier of the court – its Inner House – that would force the Prime Minister to comply with the new law passed on Monday that will prevent the UK from leaving the EU without a deal.

The litigation is being funded by Dale Vince, a millionaire businessman and political donor who founded the green energy company Ecotricity.

On Monday, the House of Commons passed a law which will attempt to stop Johnson’s government from dragging the UK off a No-Deal cliff-edge. It requires the Prime Minister to request an extension to Article 50 until January.

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Johnson has continually said he would not ask for an extension, recently saying he’d rather be “dead in a ditch” than request one.

And after leading the Cherry Case, which saw three Scottish judges rule yesterday that Johnson suspended Parliament unlawfully, the SNP MP is now leading a bid that could see the Court of Session send an Article 50 extension letter on the Prime Minister’s behalf if he refuses to do so.

Known as a nobile officium, the special jurisdiction of the Inner House of the Court of Session could see it send any letter that Johnson refuses to send himself.