The prime minister's official spokesman said that while the Government would obey the law, Mr Johnson would not be requesting another extension of the Article 50 EU withdrawal process.
It comes as an opposition law, dubbed the Benn Bill after Labour MP Hilary Benn, which would extend the Brexit deadline until January 2020, is expected to receive Royal Assent before the prorogation kicks-in. "Because I'm an elected parliamentarian, my job is to represent my constituency and to lead my party.
With Mr Johnson being warned by Justice Secretary Robert Buckland about the "importance of the rule of law" following hints that Mr Johnson could be tempted to break the law to deliver Brexit by Halloween, Downing Street looked to double down on pushing for an election. He called the Benn Bill "lousy", before adding: "The key thing with an extension is it requires agreement on both sides and it is very difficult for the legislation to micro-manage in detail how that conversation will go."
The No 10 source reportedly said: " is the last chance for Corbyn to be prime minister and negotiate his delay at Brussels on 17-18 October.