London Daily

Focus on the big picture.
Thursday, Dec 25, 2025

Supreme court poised to rule against Boris Johnson, say legal experts

Supreme court poised to rule against Boris Johnson, say legal experts

Framing of verdict on prorogation of parliament may set off ‘constitutional eruption of volcanic proportions’

Boris Johnson would have no option but to recall MPs to Westminster if the supreme court rules he misled the Queen, senior legal sources told the Observer yesterday.

There is a growing belief in the legal community that the court will find against the government when it hands down its momentous verdict on Johnson’s decision to prorogue parliament.

The prospect of the court finding against the prime minister has left the UK heading towards a “constitutional eruption of volcanic proportions”, according to another senior legal figure who asked not to be named. He said he also believed the case would go against the government.

Before the case, few thought the court would determine that Johnson’s advice to the Queen to suspend parliament for five weeks would be found unlawful. But over the course of the three-day hearing opinion has dramatically shifted.

“The dominant feeling among informed observers is that the government is on the ropes and it’s going to lose,” said Philippe Sands QC, professor of law at University College London.

A panel of 11 justices heard appeals arising out of two separate legal challenges in England and Scotland, in which leading judges reached different conclusions.

The court’s president, Lady Hale, has said the judges hope to give their decision early this week.

“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,” she said. “As we have heard, it is not a simple question, and we will now carefully consider all the arguments that have been presented to us.”

Experts were quick to identify three aspects of the case that should trouble the government. First, the judges spent a large portion of their time exploring possible remedies – what they might determine must happen if they find against the prime minister. In other cases, judges seldom devote effort to discussing remedies if they are not seriously considering finding in favour of the complainant, legal sources say.

Second, Hale’s forensic questioning of the government’s lawyer, Lord Keen, suggested she was dubious about the arguments he was presenting. Third, the fact that the court has yet to deliver a decision should send alarm bells ringing. In the words of one legal expert, “the fact they haven’t given a decision now with reasons to follow would tend to suggest the government is going to lose at some level. If they were going to find for the government, why bother stringing it out?”

Johnson has pledged to abide by the ruling, but Keen refused to rule out that the government might suspend parliament again ahead of the Brexit deadline next month. Whatever the court decides will prove explosive. Lawyers opposing the government have claimed that Johnson’s action was illegal, saying the “exceptionally long” prorogation was intended to “silence” parliament.

But Keen, on behalf of the government, submitted that the courts “must not cross the boundaries and intrude upon the business of parliament”.

Sands said the crucial question was what remedy the court would suggest if it did find against the government. Much will rest on the detail in the court’s decision and how it is framed. If the court determines that Johnson misled the Queen, that would make his position untenable, according to Dominic Grieve, the former Conservative attorney general.

But the court might choose to frame its verdict around whether Johnson’s decision stymied the passage of legislation through parliament, which is potentially less incendiary.

If the court does find against the government, its lawyers will be scrutinising the decision to see if they can go back and order a second prorogation on other grounds.

It means that this week’s decision is unlikely to be the end of the matter, whatever the justices decide.

Newsletter

Related Articles

0:00
0:00
Close
UK Mortgage Rates Edge Lower as Bank of England Base Rate Cut Filters Through Lending Market
U.S. Supermarket Gives Customers Free Groceries for Christmas After Computer Glitch
Air India ‘Finds’ a Plane That Vanished 13 Years Ago
Caviar and Foie Gras? China Is Becoming a Luxury Food Powerhouse
Hong Kong Climbs to Second Globally in 2025 Tourism Rankings Behind Bangkok
From Sunniest Year on Record to Terror Plots and Sports Triumphs: The UK’s Defining Stories of 2025
Greta Thunberg Released on Bail After Arrest at London Pro-Palestinian Demonstration
Banksy Unveils New Winter Mural in London Amid Festive Season Excitement
UK Households Face Rising Financial Strain as Tax Increases Bite and Growth Loses Momentum
UK Government Approves Universal Studios Theme Park in Bedford Poised to Rival Disneyland Paris
UK Gambling Shares Slide as Traders Respond to Steep Tax Rises and Sector Uncertainty
Starmer and Trump Coordinate on Ukraine Peace Efforts in Latest Diplomatic Call
The Pilot Barricaded Himself in the Cockpit and Refused to Take Off: "We Are Not Leaving Until I Receive My Salary"
UK Fashion Label LK Bennett Pursues Accelerated Sale Amid Financial Struggles
U.S. Government Warns UK Over Free Speech in Pro-Life Campaigner Prosecution
Newly Released Files Shed Light on Jeffrey Epstein’s Extensive Links to the United Kingdom
Prince William and Prince George Volunteer Together at UK Homelessness Charity
UK Police Arrest Protesters Chanting ‘Globalise the Intifada’ as Authorities Recalibrate Free Speech Enforcement
Scambodia: The World Owes Thailand’s Military a Profound Debt of Gratitude
Women in Partial Nudity — and Bill Clinton in a Dress and Heels: The Images Revealed in the “Epstein Files”
US Envoy Witkoff to Convene Security Advisers from Ukraine, UK, France and Germany in Miami as Peace Efforts Intensify
UK Retailers Report Sharp Pre-Christmas Sales Decline and Weak Outlook, CBI Survey Shows
UK Government Rejects Use of Frozen Russian Assets to Fund Aid for Ukraine
UK Financial Conduct Authority Opens Formal Investigation into WH Smith After Accounting Errors
UK Issues Final Ultimatum to Roman Abramovich Over £2.5bn Chelsea Sale Funds for Ukraine
Rare Pink Fog Sweeps Across Parts of the UK as Met Office Warns of Poor Visibility
UK Police Pledge ‘More Assertive’ Enforcement to Tackle Antisemitism at Protests
UK Police Warn They Will Arrest Protesters Chanting ‘Globalise the Intifada’
Trump Files $10 Billion Defamation Lawsuit Against BBC as Broadcaster Pledges Legal Defence
UK Says U.S. Tech Deal Talks Still Active Despite Washington’s Suspension of Prosperity Pact
UK Mortgage Rules to Give Greater Flexibility to Borrowers With Irregular Incomes
UK Treasury Moves to Position Britain as Leading Global Hub for Crypto Firms
U.S. Freezes £31 Billion Tech Prosperity Deal With Britain Amid Trade Dispute
Prince Harry and Meghan’s Potential UK Return Gains New Momentum Amid Security Review and Royal Dialogue
Zelensky Opens High-Stakes Peace Talks in Berlin with Trump Envoy and European Leaders
Historical Reflections on Press Freedom Emerge Amid Debate Over Trump’s Media Policies
UK Boosts Protection for Jewish Communities After Sydney Hanukkah Attack
UK Government Declines to Comment After ICC Prosecutor Alleges Britain Threatened to Defund Court Over Israel Arrest Warrant
Apple Shutters All Retail Stores in the United Kingdom Under New National COVID-19 Lockdown
US–UK Technology Partnership Strains as Key Trade Disagreements Emerge
UK Police Confirm No Further Action Over Allegation That Andrew Asked Bodyguard to Investigate Virginia Giuffre
Giuffre Family Expresses Deep Disappointment as UK Police Decline New Inquiry Into Andrew Mountbatten-Windsor Claims
Transatlantic Trade Ambitions Hit a Snag as UK–US Deal Faces Emerging Challenges
Ex-ICC Prosecutor Alleges UK Threatened to Withdraw Funding Over Netanyahu Arrest Warrant Bid
UK Disciplinary Tribunal Clears Carter-Ruck Lawyer of Misconduct in OneCoin Case
‘Pink Ladies’ Emerge as Prominent Face of UK Anti-Immigration Protests
Nigel Farage Says Reform UK Has Become Britain’s Largest Party as Labour Membership Falls Sharply
Google DeepMind and UK Government Launch First Automated AI Lab to Accelerate Scientific Discovery
UK Economy Falters Ahead of Budget as Growth Contracts and Confidence Wanes
Australia Approves Increased Foreign Stake in Strategic Defence Shipbuilder
×