Summary

  • The Supreme Court has heard three days of argument over whether Boris Johnson acted lawfully in suspending Parliament

  • A decision from the court is due “early next week”

  • The judges have heard two appeals: one by campaigner Gina Miller's team and one by the government, contesting a Scottish court ruling that the decision was unlawful

  • The government says prorogation is not a matter for the courts

  • Ex-PM Sir John Major argued Parliament was suspended to stop MPs interfering with Brexit

  • A written government submission to the court suggests it could seek another prorogation if it loses the case

  1. Lord Advocate: Scottish Government could face legal actionpublished at 11:10 British Summer Time 19 September 2019

    Back to Lord Advocate James Wolffe QC's submissions.

    He was arguing that prorogation was not solely a political matter.

    He told the court the Scottish Government could face legal action if it were to act against fundamental principles of government.

    He added that prorogation maintained the government in office "without the mechanisms of accountability to Parliament" - unlike the scenario when Parliament is dissolved ahead of an election, when all MPs give up their seats.

  2. Intervention by Northern Ireland victims' campaigner's lawyer beginspublished at 11:06 British Summer Time 19 September 2019

    Ronan Lavery QCImage source, UK Supreme Court

    Lord Advocate James Wolffe QC has now finished his submission.

    Next up is an oral intervention by Northern Ireland victims' campaigner Raymond McCord, represented by Ronan Lavery QC.

  3. In Pictures: Day three beginspublished at 11:02 British Summer Time 19 September 2019

    Legal papers are wheeled into the Supreme Court ahead of the hearingImage source, Getty Images
    Satircal artist Kaya Mar protests outside the courtImage source, EPA
    Image caption,

    Satircal artist Kaya Mar protests outside at the Supreme Court

    Members of the public queue outside the Supreme CourtImage source, Getty Images
    Image caption,

    Members of the public queue outside

  4. What to expect from Lord Advocate's submissionpublished at 10:50 British Summer Time 19 September 2019

    In his written submissions, Lord Advocate James Wolffe QC told the court Mr Johnson's decision to suspend Parliament would have "a profoundly intrusive effect" on the ability of Parliament to scrutinise the executive.

    He described the decision to advise a five-week prorogation of Parliament as "an abuse of executive power which calls for the intervention of the court".

    "The justification for non-interference by the courts in political questions - that such questions are a matter for executive accountability to Parliament - should not be applied to a decision which deprives Parliament of the means by which to enforce the accountability of the executive for policy or political questions," he wrote.

  5. Lord Advocate: Fundamental principle of constitution at stakepublished at 10:49 British Summer Time 19 September 2019

    James Wolffe QC tells the court a "fundamental principle" of the British constitution - parliamentary accountability - is "at stake".

    He tells the court the government's five-week suspension of Parliament could have "momentous consequences", with the UK set to leave the EU on 31 October.

  6. Lord Advocate begins intervention by Scottish governmentpublished at 10:39 British Summer Time 19 September 2019

    James Wolffe QCImage source, UK Supreme Court

    First up is the oral intervention by the Scottish Government, represented by Lord Advocate James Wolffe QC - Scotland's top law officer.

  7. Third day of Supreme Court case beginspublished at 10:33 British Summer Time 19 September 2019

    Supreme CourtImage source, UK Supreme Court

  8. Major: 'Political interest' behind prorogationpublished at 10:23 British Summer Time 19 September 2019

    Lawyers for ex-PM Sir John Major will argue that current PM Boris Johnson's suspension of Parliament was motivated by "political interest".

    Sir John, who was prime minister from 1990 until 1997, is among the few people given permission to intervene in the appeals.

    Sir John MajorImage source, AFP

    He will not be at the Supreme Court in person today but his lawyer, Lord Garnier, is scheduled to address the court from about 12:10 BST.

    The panel of 11 justices will also hear submissions on behalf of the Welsh and Scottish governments and Northern Ireland victims' campaigner Raymond McCord.

  9. John Major's 'stinging attack'published at 10:20 British Summer Time 19 September 2019

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  10. Major versus Johnson - weirdest thing in politics in 2019?published at 09:56 British Summer Time 19 September 2019

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  11. Campaigner Gina Miller arrives at Supreme Courtpublished at 09:55 British Summer Time 19 September 2019

    Gina Miller arrives at courtImage source, PA Media
    Image caption,

    Gina Miller arrived alongside police officers for day three of the hearing

    Gina Miller arrives for the third day of the hearing at the Supreme CourtImage source, PA Media
    Image caption,

    Ms Miller wants to overturn the High Court ruling which found the suspension of Parliament was lawful

  12. 'A very difficult point in the case'published at 09:49 British Summer Time 19 September 2019

    BBC News Channel

    Dr Joelle Grogan

    Dr Joelle Grogan, a lecturer in law at Middlesex University, says this is "a very difficult point in the case".

    “It seems that Sir John Major is trying to lean into the politics of it - something that the courts have naturally been trying to stay away from - to ask them to look closely at motivation and intention," she says.

  13. 'An extraordinary moment of legal theatre'published at 09:41 British Summer Time 19 September 2019

    BBC News Channel

    Jeremy Brier

    Barrister and legal commentator Jeremy Brier says today will be "an extraordinary moment of legal theatre".

    "We have a former Conservative prime minister [John Major] who is actually being represented by a barrister, Lord Garnier, who is a former Conservative MP, standing up in the Supreme Court arguing the current prime minister has betrayed parliamentary scrutiny," he says.

    However, he says it remains to be seen how much notice the Supreme Court justices take of their intervention or how much it is "just for a bit of colour".

  14. PM 'has 12 days to set out Brexit plans'published at 09:37 British Summer Time 19 September 2019

    Meanwhile, discussions between the UK government and the EU are continuing over the terms of the UK's departure.

    British Prime Minister Boris Johnson has 12 days to set out his Brexit plans to the EU, according to his Finnish counterpart.

    Antti Rinne says he and French President Emmanuel Macron have agreed the UK needs to produce the proposals in writing by the end of September, or else "then it's over".

    Finland currently holds the EU's rotating presidency.

    Finnish PM Antti Rinne and French President Emmanuel MacronImage source, EPA
    Image caption,

    Finnish PM Antti Rinne, left, was speaking after a meeting with French President Emmanuel Macron in Paris

    The Finnish PM intends to discuss this with the President of the European Council, Donald Tusk, and Mr Johnson in the coming days - but the position has not yet been agreed with other EU nations.

    A Downing Street source said: "We will continue negotiating and put forward proposals at the appropriate time."

    Read the full story here.

  15. Recap of the case so farpublished at 09:32 British Summer Time 19 September 2019

    PM Boris Johnson prorogued Parliament earlier this month for five weeks - a decision which has been challenged in both the English and Scottish courts.

    The English High Court threw out a challenge led by businesswoman and campaigner Gina Miller.

    But the Scottish Court of Session ruled the PM's decision to have been unlawful.

    Challenges to both these rulings are being heard in the current Supreme Court session.

    On Tuesday and Wednesday we heard from lawyers representing the government as well as those for the campaigners opposing prorogation.

    The government's lawyers argued the issue was a political matter - not a matter for the courts - and the prime minister was entitled to prorogue Parliament.

    But lawyers arguing against the move told the court it undermined Parliamentary sovereignty and was designed to "silence" MPs ahead of Brexit.

  16. Who are the Supreme Court justices?published at 09:24 British Summer Time 19 September 2019

    The eleven UK Supreme Court justicesImage source, PA Media
    Image caption,

    Top row (from left): Lord Sales, Lady Arden, Lady Black, Lord Kerr, Lord Hodge, Lady Hale. Second row (from left): Lord Kitchin, Lord Lloyd-Jones, Lord Carnwath, Lord Wilson, Lord Reed

  17. When will the ruling be announced?published at 09:20 British Summer Time 19 September 2019

    The eleven Supreme Court justices are sitting for three days - making this the final day of the hearing.

    It is not yet known when they will deliver their ruling.

    However, our home affairs correspondent Dominic Casciani said yesterday that the feeling was the wait would not be long - given the importance of the issues at stake.

  18. Watch: Inside the Supreme Courtpublished at 09:10 British Summer Time 19 September 2019

  19. What is the Supreme Court?published at 09:10 British Summer Time 19 September 2019

    Supreme CourtImage source, Getty Images

    The Supreme Court is the highest court in the UK where the judges, known as justices, have the final say on the biggest legal issues.

    But what power does it have to overrule the government?

    BBC home affairs correspondent Dominic Casciani explains here.

  20. What happened yesterday?published at 09:09 British Summer Time 19 September 2019

    BBC home editor Mark Easton recaps day two of the hearing...

    Media caption,

    Supreme Court: What happened with Brexit on Wednesday?