BORIS Johnson will not resign despite the Supreme Court ruling that he acted unlawfully by suspending parliament in the run up to the Brexit deadline. 

In his first interview since the highest court in the land’s damning judgment on his government's prorogation, the Prime Minister insisted he would still be taking the UK out of the EU on October 31.

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The Tory leader even accused the justices of trying to “frustrate” Brexit. 

Speaking to Sky News, Johnson said: "Well as I say I strongly disagree with this decision of the Supreme Court. 

"I have the utmost respect for our judiciary but I don't think this was the right decision. I think that the prerogative of prorogation has been used for centuries without this kind of challenge.

"It's perfectly usual to have a Queen's Speech that's what we wanted to do but more importantly let's be in no doubt there are a lot of people who want to frustrate Brexit. 

"There are a lot of people who basically want to stop this country coming out of the EU and we have a Parliament that is unable to be prorogued, doesn't want to have an election and I think it's time we took things forward. 

"As the law currently stands the UK leaves the on October 31, come what may. 

"But the interesting thing, the exciting thing for us now is to get a good deal and that's what we're working on.

"It's not made much easier by this kind of stuff in Parliament or in the courts. 

"Obviously getting a deal is not made much easier against this background, but we're going to get on and do it."

He added: "I think what the people of the country want is to see Parliamentarians coming together working on in the national interest to get this thing done." 

Scottish First Minister Nicola Sturgeon said the Prime Minister’s remarks didn’t make sense. “He can’t have it both ways – either prorogation was nothing to do with Brexit as he claimed, OR having prorogation declared unlawful frustrates Brexit. It can’t be both,” she tweeted. 

It’s understood Johnson is to cut short his trip to New York to fly back to London tonight.

With the Supreme Court ruling that Parliament is not prorogued, MPs are due to head back to the Commons for Wednesday morning.