Boris Johnson to appeal against order to appear in court over Brexit claims

Boris Johnson has launched an appeal against a summons ordering him to appear in court over claims he lied and misled the public by saying the UK sent the EU £350m a week.

Marcus Ball, the businessman who brought the private prosecution against the former foreign secretary, said Mr Johnson had launched a judicial review application in the Administrative Court.

Mr Johnson is accused of misconduct in a public office over claims he made during the Brexit referendum campaign about how much money the UK sends to the EU.

A court summons was issued against him last week after District Judge Margot Coleman ruled: “The allegations which have been made are unproven accusations and I do not make any findings of fact.

“Having considered all the relevant factors I am satisfied that this is a proper case to issue the summons as requested for the three offences as drafted. The charges are indictable only.

“This means the proposed defendant will be required to attend this court for a preliminary hearing, and the case will then be sent to the crown court for trial. The charges can only be dealt with in the crown court.”

She added: “The applicant’s case is there is ample evidence that the proposed defendant knew that the statements were false.

“One example is given that in a televised interview in May 2016 the proposed defendant stated, ‘we send the EU £10 billion per year’ and that therefore he knew that the £350 million per week figure (£20 billion per year) was incorrect.”

Mr Ball said Mr Johnson’s lawyers intended to argue the summons was unlawful, and that the criminal proceedings against him should be suspended until the judicial review application is determined.

If Mr Johnson is granted judicial review, a more senior judge will decide on the merits of the summons, and therefore whether any further proceedings will take place.

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Mr Ball crowdfunded the original case and has called on his supporters to donate more, describing the fight against Mr Johnson’s judicial review application as a “particularly expensive part of the legal process”.

(c) Sky News 2019: Boris Johnson to appeal against order to appear in court over Brexit claims