BORIS Johnson will find out tomorrow if his shutdown of Parliament was illegal after a dramatic Supreme Court battle.
A panel off 11 justices will announce their decision at 10am following a three-day hearing last week.
D-DAY FOR BORIS
The ruling represents a significant day for the PM in his fight to deliver Brexit – because a loss would allow Remainer MPs more time to block us leaving on October 31.
The case was taken to the Supreme Court after Scottish and English courts delivered contradictory decisions on the shutdown.
A High Court judge dismissed an earlier challenge by former Tory PM Sir John Major and Remainer lawyer Gina Miller.
But in Scotland, a cross-party group of Remainer MPs and peers won a ruling from the Inner House of the Court of Session that Mr Johnson’s prorogation decision was “unlawful” because it was “motivated by the improper purpose of stymieing Parliament”.
Lord Pannick QC, for Ms Miller, told the Supreme Court that Mr Johnson’s motive for an “exceptionally long” prorogation was to “silence” Parliament, and that his decision was an “unlawful abuse of power”.
But Sir James Eadie QC, for the government, alleged the suggestion the prorogation was intended to “stymie” Parliament ahead of Brexit was “untenable”.
The PM advised the Queen on August 28 to prorogue Parliament for five weeks and it was suspended on September 9.
Mr Johnson claimed the five-week suspension was to allow the Government to set out a new legislative agenda in a Queen’s Speech when MPs return to Parliament on October 14.
But those who brought the legal challenges argued the prorogation was designed to prevent parliamentary scrutiny of the UK’s impending exit from the EU on October 31.
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At the close of the unprecedented proceedings, Lady Hale said: “I must repeat that this case is not about when and on what terms the United Kingdom leaves the European Union.
“The result of this case will not determine that.
“We are solely concerned with the lawfulness of the Prime Minister’s decision to advise Her Majesty to prorogue Parliament on the dates in question.”
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