Boris Johnson is a facing fresh attempt to prosecute him over claims he made during the Brexit referendum about the UK giving the EU £350 million a week.
Campaigner Marcus Ball has crowdfunded a private prosecution against the now prime minister over claims he misled the public with the Leave campaign’s slogan.
In June, two High Court judges quashed the decision by a district judge to allow the case to proceed to a criminal trial.
But Mr Ball, who has raised £570,000 for his campaign, has now filed an application to take the legal battle to the Supreme Court.
He posted online: “The legal team instructed by Marcus J Ball and Brexit Justice Ltd in their private prosecution case against Boris Johnson has filed an application with the Divisional Court for permission to appeal to the Supreme Court.”
If Mr Ball is granted permission to appeal and is successful, the former London mayor and foreign secretary could face a crown court trial over allegations of misconduct in public office.
He added: “We have grave concerns that public officers can now abuse their status and influence and to act in blatant disregard of the duties and obligations placed upon them, safe in the knowledge that no criminal consequences will follow.
“This case extends far beyond Mr Johnson. This decision affects all public office holders, for example judges, immigration officials, army officers, and the police. This case affects the public at large. As such, in light of the High Court’s decision, we believe that we have a duty to the public to ensure that the proper limits of the offence are defined.”
Lady Justice Rafferty, who previously heard the case with Mr Justice Supperstone in the High Court, said when she made last month’s ruling: “The conclusion of the court: we grant permission [allowing Mr Johnson’s appeal]. We are persuaded.”
Mr Justice Supperstone said: “We are quashing the decision of the District Judge.”
Speaking outside court, Mr Ball said: “We have just given the green light for every politician to lie to us about our money forever. That is a terrifying idea.”
Asked if he had a message for Mr Johnson, Mr Ball said: “You don’t have the right to lie to the public about how their money is being spent.”
He added: “I would ask you, please, all members of Parliament, all elected representatives, understand: you cannot lie to the public about their money.”