The European Court ruled this month that it was possible for the UK to unilaterally revoke the notification of its intention to leave the EU.

Today a hearing before three judges took place in the Court of Session after the CJEU referred the case back.

Lord Carloway, the Lord President, said: “This court will grant a declarator which mirrors the decision of the Court of Justice of the European Union.”

On December 10, the CJEU said: “The full court has ruled that, when a member state has notified the European Council of its intention to withdraw from the European Union, as the UK has done, that member state is free to revoke unilaterally that notification.

“That possibility exists for as long as a withdrawal agreement concluded between the EU and that member state has not entered into force or, if no such agreement has been concluded, for as long as the two-year period from the date of the notification of the intention to withdraw from the EU, and any possible extension, has not expired.”

It added: “The revocation must be decided following a democratic process in accordance with national constitutional requirements. This unequivocal and unconditional decision must be communicated in writing to the European Council.”