By David Wilcock, Whitehall Correspondent For Mailonline
Published: 11:47 BST, 5 June 2019 | Updated: 15:43 BST, 5 June 2019
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
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