DOWNING Street says it will appeal the Court of Session's judgement that Boris Johnson acted unlawfully by suspending Parliament. 

In a sensational decision, that caught Westminster on the hop this morning, three judges, chaired by Lord Carloway, Scotland’s most senior judge said the Tories were trying to stymie Parliament.

They also suggested the Prime Minister had misled the Queen. 

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

Lawyers acting for 75 opposition MP and peers, led by the SNP’s Joanna Cherry, had argued that Johnson’s five week prorogation of Parliament in the run up to the Brexit deadline was designed to stifle parliamentary debate and was therefore in breach of the constitution. 

The Court of Session agreed. 

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

In a 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."

He referred the matter to the UK Supreme Court for resolution.

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.

Cherry tweeted: "All 3 judges in Scotland's Highest court of appeal rule #Prorogation #unlawful! #Cherrycase succeeds.

"Huge thanks to all our supporters & our fantastic legal team who have achieved the historic ruling that #prorogation is #unlawful #Cherrycase #Brexit."

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."