Boris Johnson has not ruled out resigning if the Supreme Court decides he mislead the Queen when he prorogued Parliament.

The Prime Minister is awaiting the ruling from the UK’s highest court on whether his request to send MPs away until October 14 as the Brexit deadline beckons was unlawful.

Mr Johnson could be out of the country when that ruling comes, as he is in New York for the United Nations General Assembly until Wednesday.

The PM was questioned by reporters on the RAF Voyager on Sunday as he headed to the States over whether he would resign if the Government lost the case in the London court.

“I will wait and see what the justices decide, the Supreme Court decides, because as I’ve said before I believe that the reasons for… wanting a Queen’s speech were very good indeed,” he said.

Parliament may have to reconvene if the PM is defeated in the court, depending on the legal basis upon which the judges make their conclusions.

Asked whether he would rule out proroguing Parliament again before the current October 31 Brexit deadline, he replied: “I’m saying that Parliament will have bags of time to scrutinise the deal that I hope we will be able to do.”

Prime Minister Boris Johnson
Prime Minister Boris Johnson is also due to meet European Council President Donald Tusk (Andrew Parsons/PA)

A panel of 11 justices heard appeals over three days arising out of separate legal challenges in England and Scotland.

Leading judges reached different conclusions in those earlier cases.

While awaiting the Supreme Court judgment, Mr Johnson will hold Brexit talks with French President Emmanuel Macron and German Chancellor Angela Merkel.

The UK’s departure will also be a topic of conversation with European Council president Donald Tusk and the PM’s Irish counterpart Leo Varadkar.