Boris Johnson's fightback against Remainer court case 'delayed' because judge ...

Boris Johnson's fightback against '£350m-a-week' trial is delayed because the High Court judge who was due to hear review 'is Ed Miliband's WIFE' The former foreign secretary lodged a request for a judicial review last week  But Mrs Justice Thornton was the duty judge and 'recused' herself from the case It means another judge will have to deal with it instead, causing a short delay 

By David Wilcock, Whitehall Correspondent For Mailonline

Published: 11:47 BST, 5 June 2019 | Updated: 15:43 BST, 5 June 2019

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Boris Johnson's fightback against a Remainer court case over the referendum campaign was briefly delayed after Ed Miliband's judge wife was chosen to preside over a hearing. 

The former foreign secretary lodged a request for a judicial review last week after he was ordered to appear in court over his claim Britain sends EU £350m every week.

But the High Court judge on duty was Mrs Justice Thornton, 48, the wife of the former Labour leader, according to the Sun.

She immediately 'recused' herself from the hearing because of her political connection to the Labour Party.

It means another judge had to handle it.

Barrister Justine Thornton, pictured here with husband Ed Miliband in 2015, was made a High Court  judge earlier this year

Barrister Justine Thornton, pictured here with husband Ed Miliband in 2015, was made a High Court  judge earlier this year

Mr Johnson's representatives have called the case a 'stunt' brought forward for 'political purposes'

 Mr Johnson's representatives have called the case a 'stunt' brought forward for 'political purposes'

 The 48-year-old barrister was made a judge in February this year.

Lawyers representing entrepreneur and anti-Brexit campaigner Marcus Ball, 29, have brought three charges of misconduct in a public office against Mr Johnson alleging he made statements to the public he 'knew to be false'.

Two relate to when he served as both an MP and Mayor of

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