Boris Johnson’s prorogation of parliament is lawful, high court rules

Boris Johnson’s decision to prorogue parliament for five weeks is legal, the high court in London has ruled.

In a judgment handed down by three of the most senior judges in England and Wales, the prime minister was found to have acted lawfully in the advice he gave to the Queen to suspend parliament from next week.

The ruling will go to appeal at the supreme court, which has already announced it is prepared to hear any appeals on 17 September.

Earlier this week, a Scottish court turned down a similar legal challenge. A third claim seeking to overturn the prime minister’s decision to prorogue parliament until 14 October is being heard in Belfast.

Prorogation has never lasted longer than three weeks in the past 40 years and in most cases was only for a week or less, the London court was told.

During Thursday’s hearing, Lord Pannick QC, representing the legal campaigner Gina Miller, described the prime minister’s decision as an “unlawful abuse of power”.

Speaking afterwards outside the Royal Courts of Justice, Miller said she was disappointed at the decision but would fight on.

“We are very disappointed with the judgment today. We feel strongly that parliamentary sovereignty is fundamental to the stability and future of our country and is therefore worth fighting to defend. As our politics becomes more chaotic on a daily basis, the more vital it is that parliament is sitting. We are therefore pleased that the judges have given permission to appeal to the supreme court on the grounds that our case has merit.

“All of us here today, my legal team who have worked tirelessly over the last few weeks and I, feel we have no other option but to appeal this judgment to the supreme court. An appeal ‘leapfrog’ date has been set for 17 September.

“Today we stood up for everyone – we stood up for future generations, we stood up for our representative democracy, and tried to stop those who would wreck our constitution.

“To give up now would be a dereliction of our responsibility to help protect our elected representatives – our eyes and ears that sit in Westminster – who protect our rights and give each of us a voice.

“It is not right that they should be bullied or shut down – especially at this most momentous of times in the history of our United Kingdom. My legal team and I will not give up the fight for democracy.”