Remainers go to court to halt ‘unlawful’ suspension

MINISTERS face a court bid by 70 Remainer politicians and lawyers within the next 24 hours to stop them suspending Parliament on the grounds that it is “unlawful.”

The legal team claims Boris Johnson has broken the law by denying Parliament enough time to authorise a nodeal Brexit on Oct 31.

They have been granted the right to apply for an interim emergency ruling from the courts that would prevent the Prime Minister proroguing Parliament between Sept 9-12. This would be pending a full hearing on Sept 6.

However, Dominic Grieve, the former attorney general said: “I think a court is going to be most reluctant to interfere in the royal prerogative on prorogation.” The action has been backed by more than £100,000 in crowdfunding and fast-tracked since the Government was first notified of it in mid-july. The court of session in Scotland yesterday granted a hearing for an interim injunction or suspension of the Government’s prorogation, although it is unclear if it will be heard today or tomorrow. The case is being taken in Scotland because courts there sit through the summer.

Jolyon Maugham, QC, founder of the Good Law Project that is leading the case, said: “In extremis, if Parliament doesn’t have time to authorise by primary legislation no deal, the court may direct the Prime Minister to revoke the Article 50 notification.”

Separately, anti-brexit campaigner Gina Miller has issued proceedings to challenge prorogation. “This is a brazen attempt…to prevent the executive being held accountable for its conduct before parliament,” said Miller, who first rose to prominence in 2016 when she brought a legal case that forced parliament to legislate before Article 50 could be invoked. Barrister Tom Hickman announced he would be acting alongside Mishcon de Reya, Lord Pannick QC and Warren Fitt.