Supreme Court to judge if Boris Johnson misled the Queen over decision to suspend Parliament In a hearing expected to last two or three days, 11 Supreme Court justices will weigh up the conflicting arguments

The legal battle over claims that Boris Johnson misled the Queen and suspended Parliament to stifle debate over Brexit will come to a head on Tuesday in the United Kingdom’s highest court.

In a hearing expected to last two or three days, 11 Supreme Court justices will weigh up the conflicting arguments over whether Mr Johnson abused his powers to prorogue the Commons for five weeks.

Their decision – expected late this week or early next week – could have a profound constitutional and political impact. If the judges find against the government, Mr Johnson will face demands for the immediate recall of Parliament.

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The case comes after the Court of Session in Edinburgh ruled last week that the lengthy prorogation was an “improper” attempt to stop MPs discussing Brexit.

‘Unlawful’

In a judgement which took Downing Street by surprise, it said the advice given to the Queen which led to the suspension was “unlawful and is thus null and of no effect”.

Its ruling was at odds with the High Court in England which said the shutdown was not illegal even if it was motivated by the desire for “political advantage”.

Campaigners against prorogation are also pursuing legal action through Northern Ireland’s courts.

Lady Hale, President of the Supreme Court, will preside over the hearing, which will be livestreamed. The hearing is taking place during the courts’ summer break, reflecting the urgency of the case.

The government will be represented by Sir James Eadie, the First Treasury Counsel, and Lord Keen, the Advocate General for Scotland.

The lead claimant in the English case is the legal campaigner Gina Miller, who is being represented by the constitutional lawyer Lord Pannick.