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Gina Miller loses High Court bid to stop Boris Johnson suspending parliament

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Next stop: the Supreme Court

Gina Miller — Credit: BBC News

The High Court has rejected a legal challenge brought by prominent campaigner Gina Miller over Boris Johnson’s plan to suspend parliament for five weeks in the run-up to Brexit.

Miller, who is represented by Mishcon de Reya and Blackstone Chambers‘ Lord Pannick QC, had made an urgent application to the High Court for a judicial review of Johnson’s decision. The prominent pro-Remainer was later joined by former Prime Minister Sir John Major, among others.

In a ruling this morning by three senior judges — Lord Burnett of Maldon, Sir Terence Etherton and Dame Victoria Sharp — Johnson was found to have not acted unlawfully. However, the High Court did grant permission for the case to go the Supreme Court for an appeal, which will be heard on 17 September.

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Reacting to the High Court’s ruling, Miller said:

“We feel strongly that parliamentary sovereignty is fundamental to the stability and future of our country and is therefore worth fighting to defend. As our politics becomes more chaotic on a daily basis, the more vital it is that parliament is sitting.”

Miller, who launched a crowdfunding appeal to help fund the legal challenge, used the same Mishcon-Blackstone team when, in 2017, she won a legal case forcing parliament to legislate before Article 50 could be invoked.

The defeat comes just days after a cross-party group of MPs and peers lost a similar legal challenge in the Scottish courts. Lord Doherty, sitting in the Court of Session in Edinburgh, ruled that Boris’ decision was one for voters and politicians, and not the courts.

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25 Comments

Dr Fran

Lord ‘Panick’ must be wetting his trousers with all the crowd funded fees he will get out at the end of this…

Lord Panic

I don’t wet my trousers.

I don’t do that.

Anonymous

I won’t lie. Seeing this pompous, entitled, self-appointed champion of the people get slapped down by the court is glorious.

Gina

But the people don’t realise what is BEST for them!

The referendum was only ADVISORY.

The fact that in 2015 the Tories ran on a manifesto commitment to a binding Brexit referendum and that in 2017 all other parties ran on a manifesto to respect the leave vote is IRRELEVANT.

When will the people realise that WE KNOW BETTER THAN THEY DO and they did not realise what they were voting for?

Anonymous

Your a bloody joke we knew what we were voting for we don’t need a pompous ass like you telling opus what we can do

OPUS

No one tells me what to do!

Patricia

NOBODY like her tells me what I need, jumped up half British woman.
How DARE you dictate to me as to what I want and say you are more intelligent
than I am. You ought to mind what you are saying and MYOB.

Anonymous

Good luck in your career.

Anonymous

This was a reference to a comment Legal Cheek have censored. How pathetic.

Intrigued

I had read one analysis which suggested that the high court would not find in favour, essentially to defer the decision to the Supreme Court. If anybody is more versed in issues like this, does that sound plausible to you? I suspected it was a political editor practising wishful thinking, but I don’t know if issues like this will see slightly different court practices.

Just Anonymous

Completely implausible, for three reasons.

Firstly, such ‘deference’ did not stop the High Court from finding in favour on the Article 50 challenge.

Secondly, judges are (by their nature) highly opinionated. I simply don’t see them showing such deference when they don’t have to. Any High Court judge would be delighted to see a Supreme Court judge say in his or her judgment “So for the reasons set out by [name] J in his excellent analysis, we uphold his/her decision and dismiss this appeal.”

Finally, it also doesn’t make logical sense. Dismissing the challenge is still a decision.

Thus, in my opinion, the High Court dismissed the challenge because it honestly considered that the correct legal decision. Now we shall see what the Supreme Court thinks.

Anonymous

A bit of a waste of time now that parliament has the government hostage anyway. I’m sure the crowd-funded cash will go to good homes.

Eurolawyer

As the investment adverts always warn, “past performance is no guarantee…”

Rob Mugabe

It is unlikely that the SC will allow a hearing of the appeal before having a look at the HC decision … and that carries the possibility that, having looked at the HC decision and considering it legally correct, the SC was content not to allow a hearing. Appealing a decision is not that easy.

Dr Fran

coming back from the dead isn’t easy either, ehh Rob?

Mobert Rugabe!

INPOSTER!

I AM RIGHT AND TEUTHFUL SUPREME LEADER OF REPUBLIC OF ROHDESIA!!!!!

Sumptuous Jon

Brains and beauty. This woman is incredible.

David Clubman

Slapped down today as deserved this self promoting woman is so arrogant.

David Clubman

The woman makes my blood boil so self promoting good to have a wealthy husband

phuk yu

chlorinated chicken

G Britain

So fed up of this arrogant. Truculent. Self righteous. Narcissistic . Pompous. Woman. Who thinks she talks for the British people. I voted leave. And would still vote leave. Immigration was one of the main concerns for me. Flooding the country with millions of unskilled workers. Who then have to depend on welfare payments for the rest of their lives. And its working class taxes that go to support them. Not the rich. They have their offshore accounts, and avoid taxes. Like John Major ( remember him proroguing parliament to avoid cash for question’s ) where was bloody Gina miller then ? With her democracy? The people should take the government to court for the failure to implement a democratic vote by 17.4 Million people. If we don’t get Brexit bye bye British democracy. We will be living in a dictatorship. Wouldn’t Corbyn love that. There would be plenty of singing. Will keep the red flag flying here then!
Gina Miller. Respect the vote of the people. Read your history books. Churchill said. There has to be a federal Europe. But Britain can not belong to it.

Lesser Britain

Please learn to use punctuation correctly. I thought I was having a seizure whilst reading your comment.

kang of bang

So you want to be poisoned eating chlorinated chicken and monsanto vegetables under a US trade deal?

Corbyn. Sympathiser

Remember when the UK had democracy?

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