A group of 75 parliamentarians were seeking an interim interdict – similar to an injunction – at the Court of Session ahead of a full hearing.
Their request was declined by Lord Doherty, who said he was not satisfied there was a “cogent need” for an interdict.
But the full hearing will now be heard next Tuesday, rather than Friday.
Lord Doherty told the court that it was in the interest of justice, and in the public interest, that the case proceeds sooner rather than later.
The prime minister wants to suspend parliament for several weeks ahead of a Queen’s Speech on 14 October. The UK is due to leave the EU on 31 October.
The cross-party group of politicians involved in the case, including SNP MP Joanna Cherry and Liberal Democrat leader Jo Swinson, want the court to rule that it would be illegal and unconstitutional for him to do so.
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