Boris Johnson WINS challenge against private prosecution over Brexit bus claims

Boris Johnson will not face prosecution over claims he made during the EU referendum campaign after winning a High Court challenge.

The former foreign secretary was handed a summons, issued by District Judge Margot Coleman on May 29, to attend Westminster Magistrates' Court to face three allegations of misconduct in public office.

But, following a hearing in London on Friday, Lady Justice Rafferty and Mr Justice Supperstone overturned the earlier decision.

Mr Johnson lodged a challenge against the court summons to face allegations of misconduct in a public office over the claim that the EU receives £350 million a week from the UK.

(PA Archive/PA Images)

Businessman Marcus Ball (R), brought the private prosecution (AFP/Getty Images)

Mr Johnson's lawyers successfully applied for a judicial review, which means the court summons will be thrown out.

Addressing Mr Johnson's barrister, Adrian Darbishire QC, Lady Justice Rafferty said: "We are persuaded, Mr Darbishire, so you succeed, and the relief that we grant is the quashing of the summonses."

The judge said reasons for the court's ruling will be given at a later date.

Mr Ball, 29, claimed Mr Johnson lied during the 2016 referendum campaign by saying Britain gave £350 million a week to the European Union.

(AFP/Getty Images)

He crowdfunded more than £300,000 through an online campaign to bring the prosecution.

The £350 million figure was emblazoned on the red campaign bus used by Vote Leave during the referendum, with the slogan saying "We send the EU £350 million a week, let's fund our NHS instead".

Mr Darbishire argued that the attempt to prosecute Mr Johnson was "politically motivated and vexatious".

Mr Johnson, who is currently the front runner in the Conservative party leadership contest, did not have to appear and did not attend the High Court hearing.

The legal case has been pursued for almost three years by 29-year-old 'Brexit Justice' campaigner Mr Ball, who has crowdfunded more than £230,000.

Court papers show Mr Ball claims Mr Johnson "repeatedly lied and misled the British public" when he said EU membership cost £350million a week.

A spokesman for Boris Johnson said he would not be commenting on the case.