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Supreme Court ruling on whether Boris Johnson unlawfully closed parliament to be delivered on Tuesday

Judges to hand down verdict in historic case, with government expected to face calls to recall parliament immediately if suspension is declared void

Benjamin Kentish
Political Correspondent
Monday 23 September 2019 12:06 BST
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Boris Johnson could suspend parliament again if he loses Supreme Court ruling, Dominic Raab indicates

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The Supreme Court ruling on whether Boris Johnson unlawfully suspended parliament earlier this month will be delivered on Tuesday, it has been announced.

Britain's top judges will announce their verdict on the historic case at 10.30am, following a three-day hearing last week.

The outcome could have a major impact on Brexit and the future of Mr Johnson's government. If the judges rule that the prime minister's decision to prorogue parliament was unlawful, the government is expected to face demands for MPs and peers to be recalled immediately.

The case ended up at the Supreme Court after legal challenges were launched in England, Scotland and Northern Ireland against Mr Johnson's decision.

The Scottish courts ruled that the suspension of parliament was unlawful, while the English and Northern Irish courts sided with the government.

The case centres on whether Mr Johnson's request that the Queen close parliament for five-weeks was legitimate or instead designed to undermine parliament.

In court, the government argued that the suspension was necessary to allow Whitehall to prepare for a Queen's Speech on 14 October. It said proroguing parliament was the prime minister's right and that it was not for the courts to intervene, especially when MPs had fail to step in and block the suspension.

But arguing on behalf of anti-Brexit campaigner Gina Miller, Lord Pannick QC told the court that parliament had not been suspended for so long before a Queen's Speech in more than 40 years.

He suggested that the prime minister's real motive was to "silence Parliament" and stop it interfering with his Brexit plans.

He said: "No prime minister has abused his power in the manner in which we allege in at least the last 50 years.”

Lord Pannick said parliament should be recalled "urgently" if the prorogation is ruled to have been unlawful."

Only seven of the 11 judges who heard the case will be present at the handing down of the verdict, the Supreme Court said.

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