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Marcus Ball’s crowdfunded case against Boris Johnson had raised well over £200,000 by Tuesday. Photograph: Brian Lawless/PA
Marcus Ball’s crowdfunded case against Boris Johnson had raised well over £200,000 by Tuesday. Photograph: Brian Lawless/PA

Boris Johnson could be challenged in court on Brexit vote claim

This article is more than 4 years old

Judge to decide whether to summon MP who said UK sends £350m each week to EU

A judge will next week decide whether to summon Boris Johnson to court after the first hearing of a crowd-funded private prosecution over claims made by the MP during the 2016 EU referendum.

Marcus Ball, who has accused Johnson of misconduct in public office, was applauded outside Westminster magistrates court on Tuesday by supporters who have helped him to raise more than £200,000 to finance the case. It relates to claims, emblazoned on the side of a bus used by the Vote Leave campaign during the referendum, that the UK sends £350m each week to the European Union.

The hearing took place in private in front of district judge Margot Coleman ahead of a public hearing next Thursday, where an application for a summons will be considered.

A legal team assembled by Johnson was in court. They included Adrian Darbishire QC and lawyers from BCL solicitors. Johnson was not present.

Ball, who has has spent nearly three years preparing the case and raising funds, has instructed solicitors at Bankside Commercial. They have retained Lewis Power QC and a number of other barristers.

Marcus Ball with supporters outside Westminster magistrates court in London on Tuesday. Photograph: Kirsty O’Connor/PA

As of Tuesday’s hearing, Ball’s BrexitJusticeProsecution crowdfunder had raised £216,577 from more than 5,900 supporters. Supporters waiting outside said they had given hundreds of pounds to finance the case and had returned to contribute more as it started to gain publicity.

Ball’s legal team said in a statement afterwards: “The court has determined that a public hearing will take place on Thursday 23 May at this court at which the judge will consider the application to issue a summons against the proposed defendant, Mr Boris Johnson MP, for the alleged offence of misconduct in public office.

“We wish to stress again that Mr Johnson has not been charged with any criminal offence and is at all times presumed innocent until proven otherwise. We would respectfully ask all those reporting and supporting the case to respect the formality of the court.”

Johnson has been approached for comment.

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