NOT a lot of people in Scotland seem to have been paying attention to the legal action initiated by a nightclub owner against the UK Government over the 10pm curfew.

Jeremy Joseph is trying to get a judicial review on the legality of the imposed closing times, and is a leading proponent of the #cancelthecurfew movement which is supported by Tory rebel MPs.

Funnily enough, Boris Johnson on Tuesday cancelled the vote that was being proposed on the curfew and rule of six issues, so he must be worried about something.

I asked First Minister Nicola Sturgeon at her daily briefing on Tuesday if she was aware of the case, and she admitted honestly that she knew nothing of the basis of the case.

She said if there was a “negative outcome” for the UK Government, it would be something the Scottish Government would have to look at, though she pointed to the separate legal systems and differing regulations in the two countries.

READ MORE: Boris Johnson urged to follow Scotland with ‘circuit breaker’ restrictions

May I respectfully suggest to the First Minister that she gets her top legal eagles onto this matter. A successful court challenge to the Westminster rules could threaten not only Scotland’s approach to curfews and closures of licensed premises but might even be a threat to the Act of Union itself.

Forget the Tory rebellion – it would need Labour and the SNP MPs to back them, and Ian Blackford and co are hardly likely to back the end of the curfew when it is Scottish Government policy.

Unless Johnson U-turns on the issue – and knowing him, he might just do that – the court action is the only reasonable prospect to ending the curfew. Joseph owns G-A-Y nightclubs in London and Manchester and announced earlier this week that he had initiated the legal action. It is at a very early stage, but his lawyers wrote to Health Secretary Matt Hancock asking to see the scientific evidence behind the curfew.

The Health Department wrote back asking for ten days to reply, which made Joseph hopping mad – so much so he has instructed his lawyers to go to the next stage, which could see court action begin within the next few days.

Joseph’s case is basically that the curfew may be illegal. If he proceeds to gain a judicial review, it will be up to the High Court in London and ultimately the UK Supreme Court to rule on the matter – and the

Tory Government doesn’t exactly have a solid winning record in the Supreme Court.

READ MORE: IN FULL: Nicola Sturgeon's statement on new Covid restrictions in Scotland

It is possible, if only remotely, that the Supreme Court could strike down the curfew. That would also take effect in Scotland, where there are already rumblings of possible legal action against the Scottish Government on the issue.

As Sturgeon said, we have a separate legal system which is guaranteed by the Act of Union. So what happens to that Union if the Supreme Court decides in Jeremy Joseph’s favour?

Does the Scottish Government and Scotland’s legal profession stand idly by while the 10pm curfew is scrapped against the will of the Scottish Parliament? Or will it be the last straw?

Remember, too, that health is a devolved issue, so once again there has to be a question about the four nations approach to the curfew. It was clearly not all agreed by the experts of each nation, as Northern Ireland has an 11pm curfew.

At the very least it will be interesting to see if curfews are legal.