"You can not break the law with impunity, Boris Johnson".
Jo Maugham, a lawyer involved in the Scottish case, said the government's appeal would begin next September 17.
The appeal judgement ostensibly reverses an initial finding in the same case at Edinburgh's Court of Session last Wednesday.
The group of parliamentarians who petitioned the Court of Session said their understanding is Parliament can now reassemble if it so wishes, with SNP MP Joanna Cherry among those calling for it to be recalled.
Opponents argued that the real reason was to shut down debate and challenges to his Brexit plans.
One of the judges, Philip Brodie, said it appeared the suspension was intended "to allow the executive to pursue a policy of a no-deal Brexit without further parliamentary interference".
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Judge James Drummond Young had determined that "the only inference that could be drawn was that the United Kingdom government and the Prime Minister wished to restrict Parliament", it added.
It is now unclear what impact the judgement will have on the current five week suspension of Parliament, a process known as proroguing, which started in the early hours of Tuesday.
Downing Street said it was disappointed by today's court decision, and will appeal to the Supreme Court, the highest law court in Britain.
"The UK Government needs to bring forward a strong domestic legislative agenda".
Jolyon Maugham, a lawyer who is part of the claim, said: "We believe that the effect of the decision is that Parliament is no longer prorogued".
The judges said the PM was attempting to prevent Parliament holding the government to account ahead of Brexit.
Away from the political arena, Catherine Haddon, a senior fellow at the Institute for Government, said that while the ruling found that Johnson's advice to the Queen on prorogation was unlawful, it does not now change the prorogation itself.
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"Not only was the advice false, but it was known by the prime minister to be false".
Speaking to Euronews, prominent Remainer and Labour peer Lord Adonis said: "Boris has time to waffle away on the internet but he refuses to speak to Parliament".
"Indeed in my view, it would then be the moment for Mr Johnson to resign - and very swiftly".
Their case got a boost late Wednesday as the government gave in to a demand from lawmakers and published a document showing that a hard exit could lead to logjams for freight, shortages of some foods and medicines, major travel disruptions and possible rioting.
In a tweet, Robert Buckland QC MP said: "Our judges are renowned around the world for their excellence and impartiality, and I have total confidence in their independence in every case". "Mr Johnson acted in bad faith".
It noted that another challenge to the suspension, brought by transparency campaigner Gina Miller, was rejected at the High Court in London last week.
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