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) is today hearing the judicial review challenge by Gina Miller concerning the Prime Minister’s decision to advise the Queen to prorogue Parliament. The Claimant argues that the giving of the advice is justiciable, and that it is vitiated by an improper purpose because it is designed to prevent Parliament from sitting to debate legislation, in breach of the principle of Parliamentary sovereignty. The Prime Minister argues that the decision is not justiciable, the challenge is academic and there was no improper purpose. A similar challenge by Joanna Cherry MP and others was dismissed by the Scottish Court of Session yesterday.
David Blundell is appearing on behalf of the Prime Minister, led by First Treasury Counsel, Sir James Eadie QC.