A Divisional Court of the High Court (the Lord Chief Justice, the Master of the Rolls and the President of the Queen’s Bench Division) has handed down its reasons for dismissing the judicial review challenge by Gina Miller concerning the Prime Minister’s decision to advise the Queen to prorogue Parliament. The Court had, on 6 September 2019, announced that it would dismiss the claim with its reasons to follow. The Claimant argued that the giving of the advice was justiciable, and that it was vitiated by an improper purpose because it was designed to prevent Parliament from sitting to debate legislation, in breach of the principle of Parliamentary sovereignty. The Prime Minister argued that the decision was not justiciable, the challenge was academic and there was no improper purpose. The Divisional Court held that the matter was not justiciable.
The Court granted a “leapfrog” certificate under s.12(3A)(c) of the Administration of Justice Act 1969 permitting an application for permission to appeal to be made directly to the Supreme Court.
An appeal in similar proceedings by Joanna Cherry MP and others was allowed by the Scottish Inner House of the Court of Session on Wednesday. The Inner House granted permission to appeal to the Supreme Court. There are also similar proceedings in Northern Ireland, with a judgment in those proceedings to be handed down today.
The Supreme Court has set aside 17, 18 and 19 September 2019 to hear the various appeals.
David Blundell appeared on behalf of the Prime Minister in Miller, led by First Treasury Counsel, Sir James Eadie QC.
The judgment can be found here.
Press coverage of the hearing is available here.