London Daily

Focus on the big picture.
Thursday, Jul 10, 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
Severe Heatwave Claims 2,300 Lives Across Europe
NVIDIA Achieves Historic Milestone as First Company Valued at $4 Trillion
Declining Beer Consumption Signals Cultural Shift in Germany
Linda Yaccarino Steps Down as CEO of X After Two Years
US Imposes New Tariffs on Brazilian Exports Amid Political Tensions
Azerbaijan and Armenia are on the brink of a historic peace deal.
Emails Leaked: How Passenger Luggage Became a Side Income for Airport Workers
Polish MEP: “Dear Leftists - China is laughing at you, Russia is laughing, India is laughing”
BRICS Expands Membership with Indonesia and Ten New Partner Countries
Weinstein Victim’s Lawyer Says MeToo Movement Still Strong
U.S. Enacts Sweeping Tax and Spending Legislation Amid Trade Policy Shifts
Football Mourns as Diogo Jota and Brother André Silva Laid to Rest in Portugal
Labour Expected to Withdraw Support for Special Needs Funding Model
Leaked Audio Reveals Tory Aide Defending DEI Record
Elon Musk Founds a Party Following a Poll on X: "You Wanted It – You Got It!"
London Stock Exchange Faces Historic Low in Initial Public Offerings
A new online platform has emerged in the United Kingdom, specifically targeting Muslim men seeking virgin brides
Trump Celebrates Independence Day with B-2 Flyover and Signs Controversial Legislation
Boris Johnson Urges Conservatives to Ignore Farage
SNP Ordered to Update Single-Sex Space Guidance Within Days
Starmer Set to Reject Calls for Wealth Taxes
Stolen Century-Old Rolls-Royce Recovered After Hotel Theft
Macron Presses Starmer to Recognise Palestinian State
Labour Delayed Palestine Action Ban Over Riot Concerns
Swinney’s Tax Comments ‘Offensive to Scots’, Say Tories
High Street Retailers to Enforce Bans on Serial Shoplifters
Music Banned by Henry VIII to Be Performed After 500 Years
Steve Coogan Says Working Class Is Being ‘Ethnically Cleansed’
Home Office Admits Uncertainty Over Visa Overstayer Numbers
JD Vance Questions Mandelson Over Reform Party’s Rising Popularity
Macron to Receive Windsor Carriage Ride in Royal Gesture
Labour Accused of ‘Hammering’ Scots During First Year in Power
BBC Head of Music Stood Down Amid Bob Vylan Controversy
Corbyn Eyes Hard-Left Challenge to Starmer’s Leadership
London Tube Trains Suspended After Major Fire Erupts Nearby
Richard Kemp: I Felt Safer in Israel Under Attack Than in the UK
Cyclist Says Police Cited Human Rights Act for Riding No-Handed
China’s Central Bank Consults European Peers on Low-Rate Strategies
AI Raises Alarms Over Long-Term Job Security
Saudi Arabia Maintains Ties with Iran Despite Israel Conflict
Musk Battles to Protect Tesla Amid Trump Policy Threats
Air France-KLM Acquires Majority Stake in Scandinavian Airlines
UK Educators Sound Alarm on Declining Child Literacy
Shein Fined €40 Million in France Over Misleading Discounts
Brazil’s Lula Visits Kirchner During Argentina House Arrest
Trump Scores Legislative Win as House Passes Tax Reform Bill
Keir Starmer Faces Criticism After Rocky First Year in Power
DJI Launches Heavy-Duty Coaxial Quadcopter with 80 kg Lift Capacity
U.S. Senate Approves Major Legislation Dubbed the 'Big Beautiful Bill'
Largest Healthcare Fraud Takedown in U.S. History Announced by DOJ
×