Boris Johnson has launched an appeal against the summons issued to him over allegations of misconduct in a public office, the businessman prosecuting him has announced.

Campaigner Marcus Bal said Johnson had launched a judicial review application in the administrative court.

The former foreign secretary’s lawyers would argue the summons issued to him last Wednesday by district judge Margot Coleman was unlawful and that the criminal proceedings against him should be suspended until the judicial review application was determined, Ball said.

A spokesman for Johnson declined to comment.

The summons issued last week calls Johnson to Westminster magistrates court, where Ball is attempting to prosecute him for misconduct in a public office. He claims the Tory MP lied during the referendum campaign by saying that Britain gave £350m a week to the European Union.

Q&A What is 'misconduct in public office'? Show According to Crown Prosecution Service legal guidance, 'misconduct in public office' is committed when a public officer wilfully neglects to perform his duty and/or wilfully misconducts himself, to such a degree as to amount to an abuse of the public's trust in the office holder, without reasonable excuse or justification. The origin of the offence dates back to the 13th century, and it can carry a punishment of life imprisonment. The CPS cites the following examples of behaviour that have in the past fallen within the offence: wilful excesses of official authority

'malicious' exercises of official authority

wilful neglect of a public duty

intentional infliction of bodily harm, imprisonment, or other injury upon a person

frauds and deceits A 2016 Law Commission report into the application of the offence found several problems with it, including that 'public office' lacks clear definition yet is a critical element of the offence, and that an 'abuse of the public’s trust' is also a crucial component, but is so legally vague that it is difficult for investigators, prosecutors and juries to apply.

The private prosecutor has crowdfunded more than £200,000 through an online campaign to prosecute Johnson.

If a judicial review is granted, a more senior judge will decide whether the summons is lawful and whether any further proceedings will take place.

Ball said fighting Johnson’s judicial review application was a “particularly expensive part of the legal process” and called on the public to donate to his campaign. “When politicians lie. democracy dies,” he said.