Dale Vince is buoyant despite losing his legal challenge against Boris Johnson.

The Ecotricity founder funded the challenge in an attempt to force the Prime Minister to write to the European Union asking for a Brexit extension.

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 September 12.

But today the court ruled:"There can be no doubt that the first respondent now accepts that he must comply with the requirements of the 2019 Act and has affirmed that he intends to do so."

Lord Pentland had been asked to consider the effects of the Benn Act, legislation aimed at preventing the UK leaving the European Union without a deal on October 31.

He ruled that the prime minister would not 'frustrate the purpose' of the act and therefore it was unnecessary to make orders.

A statement from Dale Vince read: "The court has not ordered BJ to comply with the Benn Act (as we asked) - but their reasoning is the big win.

"Government gave categoric assurances that they would uphold this law, including not frustrating its purpose.

"The court have taken this as some kind of solemn vow, it obviates the need for an injunctive order, but gives the government no room for manoeuvring - it has to keep its word to the court and ask for the extension, by the 19th latest."

An appeal is expected to be heard tomorrow.