The Supreme Court has handed down its judgment in R (Miller) v The Prime Minister [2019] UKSC 41 and the conjoined case of Cherry and Ors v Advocate General for Scotland. The eleven justices held unanimously that the prorogation of Parliament had been unlawful. Delivering the judgment, Lady Hale PSC said that the Prime Minister’s advice to the Queen to suspend Parliament for five weeks had been unlawful and that the Prorogation was null and void. Parliament had not, therefore, been prorogued and it was for Parliament itself to decide how to proceed further.

The Court dismissed the Advocate General’s appeal against the judgment of the Inner House of the Court of Session and upheld Mrs Gina Miller’s appeal against the judgment of the Divisional Court. Continue reading →