Boris Johnson could trigger another Supreme Court battle by refusing to ask for Brexit extension The Prime Minister is willing to face another battle at the Supreme Court by refusing to ask for a Brexit extension

Boris Johnson is poised to launch a legal action in his attempts to ensure the UK can leave the European Union this month with no deal, it was claimed last night.

The Prime Minister is willing to go to the Supreme Court in an effort to avoid having to write a letter asking for a delay to Brexit, as set out in the Benn Act passed by Parliament.

He could give evidence in person as part of the court case, it was reported, in an attempt to persuade judges against forcing him to ask the EU for a Brexit delay.

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Senior government sources cited by The Daily Telegraph newspaper said that it was vital Mr Johnson was forced to write the letter delaying Brexit rather than choosing to do so.

Brexit extension

Under the Benn Act, passed last month, the Prime Minister must write to the EU requesting a Brexit extension if no deal is signed off by Parliament by 19 October.

Government papers submitted to the Court of Session in Scotland said that Mr Johnson will comply with the act, despite his assertion that there will be “no more dither or delay”.

Mr Johnson did not explain how the Government would comply.

It would be the second Supreme Court battle in just weeks for Mr Johnson, after the court ruled against his attempt to prorogue Parliament.

Resignation threat

Meanwhile, the Attorney General warned Boris Johnson he will resign from the Government if the Prime Minister does not obey the law by asking Brussels for a Brexit extension, it has emerged.

Geoffrey Cox delivered the ultimatum during a heated exchange last week, amid growing suggestions Mr Johnson will seek to “evade” legislation, known as the Benn Act, that requires him to ask for a delay if he is unable to secure an agreement with the EU.

The Prime Minister told the Scottish Court of Session via a written submission that he will pen the letter if he fails to secure a Brexit deal by 19 October.

But allies have repeated that he will attempt to circumvent the law, which he has dubbed the Surrender Act. Mr Johnson himself has insisted the UK will leave the EU “new deal or no deal” by 31 October.

According to The Mail on Sunday, Mr Cox believes the Government “can’t get around the act” and both he and the Advocate General for Scotland Lord Keen said there would be resignations if he does not respect the legislation.

Asked if he had threatened to resign, Mr Cox said he was “not at liberty” to discuss the advice he had given the Prime Minister.