Ball v Johnson

alt=Boris Johnson|thumb|Johnson in 2018

'''''Ball v Johnson''''' was an attempted private prosecution application by Marcus J Ball and his company Brexit Justice Limited, on 29 May 2019, against Boris Johnson for three counts of alleged misconduct in public office. The applicants alleged that Johnson "in his position as a Member of Parliament and Mayor of London, abused the public's trust during the 2016 Brexit referendum by lying about the United Kingdom's spending on European Union membership". Ultimately the prosecution was dismissed by the High Court with a later ruling stating that the attempted summons against Johnson was unlawfully issued.

==Background== Johnson frequently claimed that "we will take back control of roughly £350m per week"<ref>{{Cite news|url=https://www.telegraph.co.uk/politics/2017/09/15/boris-johnson-vision-bold-thriving-britain-enabled-brexit/|title=My vision for a bold, thriving Britain enabled by Brexit|last=Johnson|first=Boris|date=2018-01-31|work=The Telegraph|access-date=2019-05-06|language=en-GB|issn=0307-1235}}</ref> and subsequently said that the "gross figure by 2022, were we to stay in towards the end of this Parliament, would be £438 million a week."<ref>{{Cite news|url=https://www.theguardian.com/politics/2018/jan/15/leave-campaigns-350m-claim-was-too-low-says-boris-johnson|title=Leave campaign's £350m claim was too low, says Boris Johnson|last1=Asthana|first1=Anushka|date=2018-01-15|work=The Guardian|access-date=2019-05-06|last2=Stewart|first2=Heather|language=en-GB|issn=0261-3077}}</ref><ref>{{Cite web|url=https://www.express.co.uk/news/uk/1094414/brexit-news-latest-nhs-cost-boris-johnson-bus-no-deal-vote-today-video|title=Boris Johnson reveals TRUE cost of remaining in European Union – 'need a BIGGER bus'|last=Weston|first=Katie|date=2019-03-01|website=Express.co.uk|language=en|access-date=2019-05-06}}</ref> The head of the UK Statistics Authority Sir David Norgrove called the claim "a clear misuse of official statistics".<ref>{{Cite news|url=https://www.bbc.com/news/uk-politics-41301049|title=Johnson and stats chief in £350m Brexit row|date=2017-09-18|access-date=2019-05-06|language=en-GB}}</ref><ref>{{Cite web|url=https://www.statisticsauthority.gov.uk/wp-content/uploads/2017/09/Letter-from-Sir-David-Norgrove-to-Foreign-Secretary.pdf|title=Letter from Sir David Norgrove to Foreign Secretary|last=Norgrove|first=David|date=2017-09-17|website=UK Statistics Authority|archive-url=https://web.archive.org/web/20191217103724/https://www.statisticsauthority.gov.uk/wp-content/uploads/2017/09/Letter-from-Sir-David-Norgrove-to-Foreign-Secretary.pdf|archive-date=17 December 2019|access-date=|url-status=dead}}</ref> Marcus Ball alleged that Johnson knew that these claims were false and made them anyway.

==Legal process== In February 2019, Marcus Ball made an application to Westminster Magistrates' Court for a summons against Johnson for alleged misconduct in a public office.<ref>{{Cite web|url=https://metro.co.uk/2019/02/22/legal-papers-lodged-boris-johnson-big-red-brexit-bus-lies-8719602/|title=Legal papers lodged against Boris Johnson over his big red Brexit bus 'lies'|date=2019-02-22|website=Metro |access-date=2019-05-06}}</ref> Subsequently, a district judge issued a summons against Johnson and set the first hearing for 14 May.<ref name=":0">{{Cite web|url=https://www.theneweuropean.co.uk/top-stories/date-set-for-court-against-boris-johnson-1-6034496|title=Date set for court case which could prosecute Boris Johnson over £350 million EU referendum lie|last=Read|first=Jonathon|website=The New European|language=en|access-date=2019-05-06}}</ref> The case was dismissed by the High Court on 7 June 2019.<ref>{{cite news|url=https://www.bbc.co.uk/news/uk-politics-48554853 |title=Brexit: Boris Johnson £350m claim case thrown out by judges |date=7 June 2019|work=BBC News|access-date=7 June 2019}}</ref><ref>{{Citation |title=ALEXANDER BORIS DE PFEFFEL JOHNSON and WESTMINSTER MAGISTRATES' COURT|date=3 July 2019|url=https://www.judiciary.uk/wp-content/uploads/2019/07/2019ewhc-1709-admin-johnson-v-westminster-mags-final.pdf }}</ref>

==Judicial review== On 3 July 2019 in ''Johnson v Westminster Magistrates' Court'', the Queen's Bench Division (Administrative Court) of the High Court of England and Wales allowed an application for judicial review brought by Johnson against the original decision of the District Judge in Westminster Magistrates' Court.<ref>{{cite news|url=https://www.bbc.co.uk/news/uk-politics-48855640 |title=Brexit: Boris Johnson accuser may appeal '£350m claim' ruling|date=3 July 2019|work=BBC News|access-date=4 July 2019}}</ref> The review quashed the original decision, finding that the District Judge had acted unlawfully in allowing the private prosecution to proceed, and quashed the summons issued for Johnson to appear in court as being unlawfully issued. The court also found that original private prosecution application vexatious in nature.<ref>{{Cite web|url=https://www.telegraph.co.uk/politics/2019/07/03/judges-quashed-vexatious-private-prosecution-boris-johnson-rule/|title=Judges who quashed 'vexatious' private prosecution again Boris Johnson rule false statements in political campaigns 'not new'|date=3 July 2019|website=The Daily Telegraph|access-date=28 July 2019}}</ref>

In December 2019, it was reported that Ball had made a complaint to the Judicial Complaints Investigations Organisation arguing that members of the judicial review panel had conflicts of interest.<ref>{{cite news |first=Jonathon |last=Read |url=https://www.theneweuropean.co.uk/top-stories/marcus-ball-case-against-boris-johnson-1-6435846 |title=Judge who threw out court case against Boris Johnson "failed to declare conflict of interest"' |work=The New European |date=21 December 2019|archive-url=https://web.archive.org/web/20200116064244/https://www.theneweuropean.co.uk/top-stories/marcus-ball-case-against-boris-johnson-1-6435846 |archive-date=16 January 2020 }}</ref> No public information is available to know what happened to the complaint.

== References == {{Reflist}} {{Boris Johnson}}

Category:2019 in British politics Category:Boris Johnson Category:Brexit-related case law