HERE WE GO...
Lady Hale and justices in court. Lady Hale: It is important once again to emphasise that these cases are not about Brexit. "They are only about whether the advice given by the PM to the Queen that Parliament should be prorogued was lawful."
Lady Hale: This may be a one-off case.
Lady Hale: 15 August, Nikki da Costa, legislative director to the PM, sent a memo to Mr Johnson, recommending prorogation as per the terms we now know - ie 5 weeks. Pm advised The Queen to prorogue on 28 Aug. Privy Council met Queen at Balmoral & she agreed the order.
Lady Hale: Parliament returned on 3 Sept, knowing it was facing prorogation, and rushed through the no-deal blocking Act. London's High Court dismissed Gina Miller's challenge to prorogation - but Edinburgh Court of Session said the opposite.
Lady Hale: We convened a panel of 11 - the max number. THIS IS A UNANIMOUS JUDGEMENT: The question of whether prorogation is justiciable? YES IT IS.
(That means the PM has LOST on the FIRST limb of the case.) Lady Hale: this court has concluded this case "is about the limits on the power to advise the Queen to prorogue Parliament".
Lady Hale: The conduct of government, by PM, accountable to Parliament, lies at the centre of Westminster democracy.
Lady Hale: A decision to prorogue will be unlawful **if** it frustrates without reasonable justification the ability of Parliament to carry out its constitutional functions [to hold government to account].
Lady Hale: ***This was not a normal prorogation. It prevented Parliament from carrying out its constitutional role.*** Parliament has not been able to hold ministers to account, ask questions and bills have been lost.
Lady Hale: "this long suspension of parliamentary sovereignty took place in quite exceptional circumstances ... parliament has a right to a voice. The effect on sovereignty has been extreme."
Lady Hale: There has been no explanation from the government about why the PM needed a five-week prorogation.
Lady Hale: The court is bound to conclude that the decision to advise The Queen to prorogue Parliament WAS UNLAWFUL.
PRIME MINISTER LOSES PROROGATION CASE - **UNANIMOUS JUDGMENT** OF THE SUPREME COURT'S 11 JUSTICES. Jaws are dropping in court.
Lady Hale: What is the remedy? What must happen now? She says the Order in Council, closing Parliament, is quashed. The prorogation is VOID. "Parliament has not been prorogued. This is the unanimous decision of all 11 justices."
Lady Hale: "It is for Parliament and the Speakers of the Houses to decide what happens next."
THIS IS THE WORST OUTCOME FOR THE PRIME MINISTER. GASPS IN COURT. EVEN APPLAUSE. STUNNED.
