Categories
Legal Politics

R (Gina Miller) v The Prime Minister

An application for a judicial review of the decision to prorogue Parliament was made by Gina Miller and heard at the High Court in London on 6 September 2019. The judgement was published on 11 September 2019.

R (Gina Miller) v The Prime Minister [2019] EWHC 2381

https://www.judiciary.uk/judgments/press-statement-gina-miller-v-the-prime-minister-others/

The court concluded that the claim, that the advice given was unlawful and an abuse of power, is not capable of being determined by the courts (i.e.the claim is non justiciable).

The court also certified pursuant to section 12(3A)(c) of the Administration of Justice Act 1969 that a sufficient case for an appeal to the Supreme Court has been made out to justify an application for leave to bring such an appeal.

The appeal has been scheduled for a hearing in the Supreme Court next Tuesday, 17 Sep 2019.