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High Court rejects legal challenge to prorogation order

6 September 2019

The High Court in London has rejected the legal challenge over the Prime Minister's decision to seek a five week prorogation of Parliament.

Businesswoman Gina Miller, with support from senior political figures including former Prime Minister Sir John Major, had argued that the move was an unlawful abuse of power.

However the three senior judges hearing the case, Lord Chief Justice Burnett, Master of the Rolls Sir Terence Etherton and Dame Victoria Sharp, President of the Queen's Bench Division, disagreed.

Their written reasons will be issued later, but they agreed in their conclusion with Lord Doherty in the Outer House of the Court of Session, who ruled on Wednesday that the case concerned political matters that were non-justiciable. (Click here for report.)

Lord Doherty's decision is currently under appeal to the Inner House, and Lord Burnett granted permission for an urgent appeal to the UK Supreme Court, which is already scheduled to be heard on Tuesday 17 September, along with an expected appeal from the Court of Session. A further case is being heard in the Northern Irish courts today and is likely also to be appealed at the same time.

Speaking after today's decision, Ms Miller said she was "very disappointed" with the judgment.

She added: "We feel it is absolutely vital that Parliament should be sitting. We are therefore pleased that the judges have given us permission to appeal to the Supreme Court, which we will be doing, and they feel that our case has the merit to be handed up."

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