Judge rules in favour of Boris Johnson's prorogation plan

Anti Brexit campaigner Gina Miller arrives at the Royal Courts of Justice. Photograph: Aaron Chown/PA Wire. - Credit: PA

Anti-Brexit campaigner Gina Miller has vowed to carry on fighting Boris Johnson’s plans to suspend parliament for five weeks – as she pledges to appeal a judge’s decision that the move was ‘lawful’.

Lord Chief Justice Lord Burnett, Master of the Rolls Sir Terence Etherton and President of the Queen’s Bench Division Dame Victoria Sharp dismissed the claim brought against Johnson by businesswoman Miller.

Rejecting the case, Lord Justice Burnett said: “We have concluded that, whilst we should grant permission to apply for judicial review, the claim must be dismissed.”

Their ruling comes in the same week the prime minister fought off a similar legal attack in Scotland.

Miller’s QC had argued that Johnson’s advice to the Queen to suspend parliament for five weeks was an “unlawful abuse of power”.

The urgent judicial review application brought by Miller – who successfully challenged the government at the High Court in 2016 over the triggering of the Article 50 process to start the Brexit countdown – was supported by a number of other parties, including former prime minister Sir John Major, Lib Dem leader Jo Swinson and Labour’s Tom Watson.

Rejecting the case, Lord Burnett said: “We have concluded that, whilst we should grant permission to apply for judicial review, the claim must be dismissed.”

The judges granted permission for the case to go the Supreme Court for an appeal, which will be heard on September 17.

Speaking outside the Royal Courts of Justice after the ruling, Gina Miller said she was “very disappointed with the judgment”.

“To give up now would be a dereliction of our responsibility. We need to protect our institutions,” she said.

“It is not right that they should be shut down or bullied, especially at this most momentous time in history.

“My legal team and I will not give up our fight for democracy.”

She added: “We feel it is absolutely vital that parliament should be sitting. We are therefore pleased that the judges have given us permission to appeal to the Supreme Court, which we will be doing, and they feel that our case has the merit to be handed up.

“Today, we stand for everyone. We stand for the future generations and we stand for representative democracy.”