The Prime Minister will return early from the US on Wednesday after the UK’s highest court made the decision he acted unlawfully. His suspension of Parliament was deemed “void and no effect” meaning the Commons will return on Wednesday morning. The judges said it was up to Speaker John Bercow to “take immediate steps” to reconvene MPs, not Mr Johnson.

Downing Street claim the Supreme Court made a “serious mistake in extending its reach to these political matters”.

Legal experts accused the 11 judges of “judicial activism” in radically curtailing the centuries-old constitutional powers of Government.

During a trans-Atlantic call between Mr Johnson and the Cabinet, it is believed Leader of the House Jacob Rees-Mogg described the court’s decision as a “constitutional coup”.

The Justices chose the most extreme possible course of actions in unanimously ruling the Prime Minister had misled the Queen and acted unlawfully and therefore “Parliament has not been prorogued”.

Mr Johnson is expected to table a vote for an early general election on Thursday, claimed a Cabinet source.

The Prime Minister was urged by Cabinet Ministers to prorogue Parliament for a second time if he loses that vote, effectively defying the courts to stop him.

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