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Daily Record
Daily Record
Politics
Andy Philip

Boris Johnson's Parliament shut-down "unlawful", court rules

Boris Johnson’s Westminster shut-down is “unlawful”, Scotland’s highest civil court ruled today.

The bombshell decision was made by three judges at the Court of Session after a challenge by around 70 politicians.

Johnson caused uproar by forcing through a suspension of parliament on Tuesday, shutting MPs out until October 14.

The court ruling does not make any immediate practical change, and is likely to go on to the Supreme Court in London next week.

But the significant decision led to immediate demands to recall parliament.

Prime Minister Boris Johnson adresses the House of Commons (via REUTERS)

In a summary of the court ruling in Edinburgh, all three judges agreed Johnson was motivated by an “improper purpose” of obstructing parliament.

They added: “The court will accordingly make an order declaring that the Prime Minister's advice to HM the Queen and the prorogation which followed thereon was unlawful and is thus null and of no effect."

The ruling overturns a previous decision court decision that Johnson had not broken the law.

The UK Government plans to appeal against the ruling next Tuesday in London.

Campaigners for the legal challenge included Labour MP Ian Murray, SNP MP Joanna Cherry, Liberal Democrat leader Jo Swinson and anti-Brexit barrister Jo Maugham of the Good Law Project.

Outside court today, SNP MP Tommy Sheppard said: “We have to see what happens in the Supreme Court next week, but our next move is to demand the recall of parliament.”

Scottish Green Party leader Patrick Harvie said: “It seems clear that the criticism of Boris Johnson’s decision to shut down Parliament has been vindicated, and we therefore support the demand to recall Parliament.”

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