Dale Vince is funding a legal challenge against Boris Johnson.
The Ecotricity founder is hoping to force the Prime Minister to write to the European Union asking for a Brexit extension.
The challenge has been lodged at the same Edinburgh court that ruled the Prime Minister’s suspension of Parliament was unlawful.
Campaigners believe that if he fails to comply with the law passed by Parliament aimed at preventing a no-deal, then the court could have the power to send the letter to the EU in his absence.
Boris Johnson has previously said he would rather be “dead in a ditch” than ask Brussels for a delay to Brexit past the October 31 deadline.
SNP MP Joanna Cherry QC and barrister Jolyon Maugham QC said they issued proceedings at Scotland’s highest court, the Inner House of the Court of Session, on Thursday.
Speaking about the case on Twitter Dale Vince said: “As crazy and ironic as this whole situation sounds, it’s where we are, a sign of the times perhaps – an ex hippie traveller has to take an old Etonian PM to court to ensure he abides by the law.”
Green MEP for the south-west Molly Scott Cato said she was ‘proud’ to see the case funded by Dale Vince.
The Supreme Court will rule on Tuesday whether Boris Johnson broke the law over suspending parliament.