PM could be forced to ask for a delay

Johnson denies he lied to the Queen to secure Parliament suspension

Campaigners have launched a fresh legal challenge to force Boris Johnson to write to the European Union asking for a Brexit extension if he refuses.

And they 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 in his absence.

The challenge comes as the prime minister denied lying to the Queen in order to secure the suspension of Parliament.

It has been lodged at the same Edinburgh court that ruled the prorogation was unlawful, and is being led by the same campaigners.

With the PM saying he would rather be “dead in a ditch” than ask Brussels for a delay to Brexit past the Halloween deadline, there have been fears Mr Johnson may refuse to do so.

But he is compelled to ask for an extension to the end of January if he fails to convince MPs to back a Withdrawal Agreement or support a no deal by October 19, after Parliament passed the so-called Benn Act.

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, yesterday.

Mr Maugham said they have selected Scotland for the case because judges there have the “nobile officium” power that could allow the court to sign the letter if the PM refuses.

Scotland’s highest civil court ruled on Wednesday that the five-week prorogation was unlawful because it was obtained for the “improper purpose of stymying Parliament”.

However, the prime minister insisted he had sought the suspension so the government could set out a new legislative programme in a Queen’s Speech on October 14.

Opposition MPs have argued that the real reason was to stop Parliament holding the government to account over its Brexit plans.

But, asked during a visit to mark London International Shipping Week whether he had lied to the monarch in order to obtain the prorogation, Mr Johnson replied: “Absolutely not.”

He said the High Court in England had taken the opposite view to the Court of Session in Edinburgh and that the case would now be decided in the Supreme Court.

“The High Court in England plainly agrees with us but the Supreme Court will have to decide,” he said.

“We need a Queen’s Speech, we need to get on and do all sorts of things at a national level.”

Opposition parties fear Mr Johnson is determined to take Britain out of the EU on October 31, despite the Benn Act, which says the government must seek a further delay if there is no agreement on a deal with the EU.

The prime minister insisted he remained confident that it would be possible to reach a deal in time for it to be agreed at the EU summit on October 17 and 18.

“I’m very hopeful that we will get a deal, as I say, at that crucial summit,” he said.

“We’re working very hard.”