Boris Johnson: Last-minute legal challenge launched against PM to ensure he doesn’t ‘flout Brexit law’

‘These are extraordinary political times – but that doesn’t mean the Government can act beyond the law’

A last-minute legal challenge against the prime minister will be heard on Friday to head off any prospective move by Boris Johnson to “flout Brexit legislation”.

The Court of Appeal will decide on Friday whether legal action brought by civil rights campaign group Liberty against Mr Johnson should be heard without delay.

Legal action against Mr Johnson was announced by the group in September, saying it was “gravely concerned” by media reports which suggested the government may not act within the law over Brexit.

The European Union Withdrawal (No 2) Act, commonly referred to as the Benn Act, requires Mr Johnson to seek an extension to the current Brexit deadline of October 31 if no deal is reached with the EU by Saturday.

Liberty director Martha Spurrier said: “This case is about ensuring that the government – whoever it is, or whatever its intention – acts within the law.

“We hope that on Friday the Court of Appeal will make it crystal clear what the Prime Minister can and cannot do under the Benn Act.

“These are extraordinary political times – but that doesn’t mean the Government can act beyond the law.

“Any Government which defies Parliamentary process and law because it doesn’t serve their aims should be a cause of concern for everyone.”

Ms Spurrier added: “We’re not fighting on party political lines, and it doesn’t have anything to do with Brexit. Liberty is and always has been fiercely independent – that’s what makes us the right people to bring this crucial case and hold the Government to account.”

Liberty is challenging a refusal by the High Court to hear its case urgently, following consideration of the relevant papers.

If Court of Appeal judges conclude the legal action should be heard as a matter of urgency, they will go on to consider the full case immediately.

Liberty will then ask for a declaration that the prime minister cannot take steps which would be likely to result in the EU refusing to agree to an extension, as required by the Benn Act.

The organisation, which is not affiliated with any political party, said it is “neutral” on Brexit and that the case is not concerned with how or whether the UK leaves the EU.

Announcing the action last month, Liberty said it made the move in light of recent comments by Mr Johnson and other members of his Cabinet demonstrating an “apparent intention to flout the law”.

In a letter to the prime minister, Liberty said: “We are gravely concerned by reports in the media suggesting that it is your intention to ignore your obligations under the Act.

“We consider that a decision by any minister of the Crown – let alone the prime minister – to deliberately evade obligations under primary legislation would be a grave affront to the rule of law and the UK’s constitutional settlement and would have a profoundly detrimental impact on the whole fabric of our legal system and constitutional order.

“It would plainly be unlawful. We consider that such an unprecedented step would represent a fundamental threat to the civil liberties and human rights enjoyed by those in this country and which our mandate requires us to defend.”

Liberty’s challenge will be heard by three leading judges.

A crowdfunding appeal to support the case had raised £16,500 at the time of writing.

Additional reporting by Press Association