Scottish judges won’t rule on a legal bid aimed at forcing the Prime Minister to seek a Brexit extension until after the October 19 deadline.
The requirement for Boris Johnson to request the extension if no EU withdrawal deal is agreed is a key provision of the so-called Benn Act passed by MPs.
Campaigners lodged an appeal at the Court of Session in Edinburgh after the dismissal of their original legal action.
They also asked the Court of Session to use the unique power of “nobile officium” which would allow an official to send a letter on behalf of Mr Johnson if he refuses.
However, three senior judges said they would not make a ruling until October 21, after the deadline.