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The UK Supreme Court has handed down its decision in the combined appeals of R (on the application of Miller) v the Prime Minister and Cherry and ors v Advocate General for Scotland

Between 17-19 September, the Supreme Court heard arguments in the legal challenge to the prime minister, Boris Johnson’s decision to prorogue Parliament. 

On 24 September, the Court concluded that the Prime Minister's advice to Her Majesty was unlawful, void or of no effect and Gina Miller's appeal was allowed and the Advocate General's appeal in the case of Cherry is dismissed. 

Lord Pannick QC, Tom Hickman QC and Warren Fitt were instructed by Mishcon de Reya on behalf of Gina Miller.

James Eadie QC acted for the UK Government.

Lord Keen of Elie QC acted on behalf of the Advocate General of Scotland.

Tom Cleaver was instructed by Herbert Smith Freehills, intervening on behalf of John Major. 

Michael Fordham QC, Celia Rooney and Hollie Higgins were intervening on behalf of the Welsh Government. 

Thomas de la Mare QC and Daniel Cashman were instructed by the Public Law Project. 

The following Judges presided over the hearing: Lady Hale, President of the Supreme Court; Lord Reed, Deputy President of the Supreme Court; Lord Kerr; Lord Wilson; Lord Carnwath; Lord Hodge; Lord Lloyd-Jones; Lady Arden; Lady Black; Lord Kitchin; and Lord Sales.

The full judgment is available here.

Clerks

Staff