MOMENTUM is developing behind the Forward as One court action seeking to establish if Scotland could have a legal referendum without permission of the UK Government.

The National can reveal that Scotland’s highest civil court, the Court of Session in Edinburgh, will begin to hear the case on September 30 after completion of the necessary documentation earlier this week.

Forward as One has received the important backing of former justice secretary Kenny MacAskill, the SNP MP for East Lothian, who said it was “ridiculous” that Forward as One’s convener Martin Keatings is having to bring the case forward.

Keatings revealed last night that the case, known as the Peoples Action on Section 30, was definitely going to court and September 30 will see the initial procedural hearing. He told the supporters of the action: “Tonight I update you on the fact that we’re now going to court.

“We have now received the interlocutor confirming that the closed record has been received by the court and a By Order (Adjustment) Roll hearing has been fixed for Wednesday, September 30.

“In English: The interlocutor is the order of the court which states that they accept the “closed record”. The closed record is basically a combined folder of all the pleadings (submissions) for ourselves and for the other parties to the case, all organised into an easy to understand, well laid out and easily accessible pack for the assistance of the court. In a nutshell, it is a single hymn sheet that all parties can reference during court proceedings.

“The By Order (Adjustment) Roll hearing is the first hearing in court which determines the procedure for the rest of the verbal hearings. It is standard and pro-forma and the court will decide details like how many hearings there will be, how long will be put aside etc. This will be slated for September 30. But that’s it. We’re off to the races folks.”

Speaking on the Two Auld Heids website programme, MacAskill said: “Frankly, I think it’s a bit ridiculous that Mr Keatings is having to do this off his own back.

“I think it should have been done by the [Scottish] Government because it’s always been my belief, without giving a way a lot of law officer’s advice, in the higher echelons that it could be done.

“You couldn’t necessarily have a Section 30 referendum but you could have a referendum on the constitution, it would just have to be indicative, not deliberative.

“I think Mr Keatings is doing us a favour because this should have been challenged by the Scottish Government.”

The Peoples Action on Section 30 case is being crowd funded and as of last night had reached £129,000 of its £155,000 target. Donations can be made at www.crowdjustice.com/case/pas30