Remainer LOSES court bid to take PM Boris Johnson to Supreme Court over £350m EU referendum bus

A Remain campaigner has lost another attempt to bring Boris Johnson before the Supreme Court over his claims that the UK sends the European Union £350 million a week – that could be used for the NHS.

Marcus Ball’s ‘Brexit justice’ case was thrown out by judges sitting at the Court of Appeal in London this morning – but he insisted afterwards: ‘This isn’t over’.

He has failed to bring a private prosecution against the Prime Minister over his claim the UK sends £350 million a week to the European Union – which appeared on the side of a bus in the run up to the historic 2016 vote.

A decision to issue a summons was made by a district judge in May for Mr Johnson to attend Westminster Magistrates’ Court to face three allegations of misconduct in public office.

But the decision was ruled ‘unlawful’ and quashed by High Court judges at a hearing in June. 

Mr Ball said in July that his legal team had filed an application for permission to appeal to the Supreme Court over the ruling. 

But the application was thrown out this morning by Lady Justice Rafferty – one of the High Court judges who quashed the original decision.

Marcus Ball

Boris Johnson

Marcus Ball (pictured left in May) has lost another case against Boris Johnson (right yesterday) for intentionally misleading the public during the referendum

The famous Brexit bus (pictured above) which bore the claim that the UK sends £350million to the EU and could spend it on the NHS instead

The famous Brexit bus (pictured above) which bore the claim that the UK sends £350million to the EU and could spend it on the NHS instead

In a brief announcement, she said: ‘This application for leave to appeal to the Supreme Court is rejected.’

Mr Ball now has the option to apply directly to the Supreme Court for permission.

Speaking outside court after the ruling, he said: ‘This isn’t over, we are not giving up. We are pursuing it, absolutely.’

The £350 million figure was emblazoned on the red campaign bus used by Vote Leave during the referendum, with the slogan saying ‘We send the EU £350 million a week, let’s fund our NHS instead’.

Giving reasons for the High Court’s ruling in July, Lady Justice Rafferty said the ‘problem of false statements in the course of political campaigning is not new’ and that Parliament had enacted laws to deal with ‘certain false campaign statements which it considers an illegal practice’.

However, she said this did not include false statements relating to publicly available statistics, and found that the district judge’s decision would have ‘extended the scope’ of the offence of misconduct in a public office.

She also said it appeared that ‘there would have been no complaint’ if Mr Johnson had used a figure of ‘£350 million per week gross, or £250 million per week net’.

 

The £350 million figure was emblazoned on the red campaign bus used by Vote Leave during the referendum, with the slogan saying ‘We send the EU £350 million a week, let’s fund our NHS instead’.

Giving reasons for the High Court’s ruling in July, Lady Justice Rafferty said the ‘problem of false statements in the course of political campaigning is not new’ and that Parliament had enacted laws to deal with ‘certain false campaign statements which it considers an illegal practice’.

However, she said this did not include false statements relating to publicly available statistics, and found that the district judge’s decision would have ‘extended the scope’ of the offence of misconduct in a public office.

She also said it appeared that ‘there would have been no complaint’ if Mr Johnson had used a figure of ‘£350 million per week gross, or £250 million per week net’.

 

 

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