Supreme Court: Boris Johnson pushes ahead with Brexit plans despite hearings

Boris Johnson has revealed what he will do if he loses a landmark court battle over whether his shutdown of parliament was lawful.

• Johnson could still get a ‘no-deal’ Brexit through
• Johnson clashes with party rebels over no-deal plans

Boris Johnson has declared he will recall parliament if he loses a landmark legal battle.

However, the British Prime Minister left the door open to prorogue parliament a second time as he hurtles towards his October 31 Brexit deadline.

Mr Johnson’s lawyer Lord Richard Keen told the Supreme Court: “If this court finds that the advice of the Prime Minister was unlawful, the Prime Minister will take all necessary steps to comply with any declaration made by the court and that is the appropriate way that this matter should be addressed.”

Lord Kerr said he was “not in a position to comment” when asked if a second move to prorogue parliament would be considered.

Boris Johnson has declared he will recall parliament if he loses a landmark legal battle. Picture: Getty Images

“That will have to be addressed by the decision maker,” he told the court.

Any return to parliament, of which Mr Johnson lost control when he kicked 21 MPs out of the Conservative Party for voting against a no-deal Brexit, would add further chaos to preparations to leave the European Union.

Mr Johnson may still try to prorogue parliament a second time if he was forced to recall MPs.

Hearings in the Supreme Court, in front of 11 judges, were expected to continue on Wednesday and Thursday local time.

Mr Johnson was on trial for the advice he gave the Queen which led her to agree to prorogue parliament.

Businesswoman Gina Miller has brought the case against the Prime Minister.

Her lawyer, Lord David Pannick, had earlier told the court that Mr Johnson had suspended parliament for five weeks to avoid scrutiny over Brexit.

Anti-Brexit campaigner Gina Miller arrives at the Supreme Court. Picture: AP

Gina Miller, a businesswoman who previously won a court case to delay Brexit, has brought the latest action to the UK’s highest court after Scottish and English courts disagreed on separate legal challenges.

Her barrister Lord David Pannick opened his arguments by saying that Mr Johnson has not provided a witness statement, which he claimed was a tactic to avoid cross examination.

Parliament was prorogued, or suspended, for five weeks until October 14 after Mr Johnson argued he needed time to prepare for his domestic agenda.

British Prime Minister Boris Johnson plans to discuss new Brexit plans with European leaders.

“The exceptional length of the prorogation in this case is strong evidence that the Prime Minister’s motive was to silence parliament for that (five-week) period because he sees parliament as an obstacle to the furtherance of his political aims,” Lord Pannick said.

Johnson could recall parliament if Britain’s highest court rules he unlawfully suspended it, a government lawyer said.