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Speculation surrounding a looming vote of no confidence in Boris Johnson has been swirling around since before he was confirmed as the new Prime Minister. Downing Street is believed to be considering plans to keep Mr Johnson in his position even if he were to lose a vote in his Government due to the little time available before Brexit. But activist Gina Miller has warned the Prime Minister her legal team is ready to challenge him, insisting attempts to stay in Number 10 without the support of Parliament would be "unlawful".

Speaking to BBC Radio 4's Today programme, Ms Miller said: "Our view is that, when it comes to the Fixed-Term Parliament Act, that Act is actually about calling a general election, not about when or how a Prime Minister resigns or Government falls. "That is governed by convention and there is a solid convention that a Prime Minister losing a vote of no confidence must step down. That’s what it says in convention. "This is a crucial point. Whilst the Fixed-Term Act does not replace convention, it can be said that the frustration of the principle would be in play because Prime Minister Johnson’s refusal to go would frustrate the operation and the purpose of the act and therefore be unlawful." She added: "The law is the law, and when the Constitution is being tested as it is being now and we’ve been seeing over the last few years, then the rule of law is absolutely vitally important that it steps up and actually protects our Constitution and parliamentary sovereignty." JUST IN: Grieve grilled on ‘Remainer alliance’ plot as he attacks ‘arrogant’ Cummings in fiery rant

Brexit news: Gina Miller claimed Boris Johnson refusing to quit would be "unlawful"

Brexit news: Gina Miller insisted her legal team is "ready" to intervene

I have already instructed my legal team to take whatever step necessary Gina Miller

The Labour Party last month announced they would table a motion of no confidence in Mr Johnson once they have won the support of the needed MPs to bring the Government down. But with Parliament on recess until September, Labour would have a matter of weeks to hold the vote before Britain leaves the European Union. Asked whether she would have enough time to mount her legal challenge, Ms Miller said."I have already instructed my legal team to take whatever step necessary to ensure that a Prime Minister can’t put themselves above the law. "That is already in motion and we would be ready." READ MORE: How Theresa May's grim 'coalition of chaos' forecast may actually come true, expert warns

Brexit news: Boris Johnson has pledged to deliver the UK out of the EU without further delays

Brexit news: The Government announced an extra £2.1 billion will be used to prepare for no dea l

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