The Supreme Court has held that Boris Johnson’s decision to prorogue Parliament was unlawful

24 Sep 2019

Lady Hale, President of the Supreme Court, set out that “The effect on the fundamentals of our democracy was extreme” and added “The decision to advise Her Majesty to prorogue Parliament was unlawful because it had the effect of frustrating or preventing the ability of Parliament to carry out its constitutional functions without reasonable justification.”

The impact of this decision is that now the prorogation has been ruled unlawful, UK Parliament is still in session and could be reconvened straight away by the Speaker of the House of Commons, John Bercow, and his counterpart in the House of Lords.

Prior to the prorogation, Parliament passed domestic UK law compelling the Prime Minister to ask the EU for a further extension – delaying Brexit beyond 31 October 2019 if no deal had been concluded.  However, the Prime Minister still maintains that he will take the UK out of the EU on 31 October 2019 if no deal with the EU has been reached.

So, we now have 37 days that could lead to a deal being concluded with the EU, the EU not agreeing to a further extension and the UK departing on 31 October 2019, another general election or a number of many other political twists and turns.

To help with Brexit planning for your business, contact Jonathan Askin at


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Disclaimer: This document does not present a complete or comprehensive statement of the law, nor does it constitute legal advice. It is intended only to highlight issues that may be of interest to clients of BLM. Specialist legal advice should always be sought in any particular case.

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