A Tory Brexiteer MP is preparing a legal challenge against a rebel law which currently stops Britain from leaving the European Union without a deal on October 31.

The Benn Act, passed last month, orders Boris Johnson to beg the EU for a Brexit delay until January if a deal has not been agreed by October 19.

Despite this, the Prime Minister has long maintained that he will stick to his 'do or die' pledge to deliver Brexit with or without a deal by the end of the month.

Now, Tory MP Daniel Kawczynski, who represents Shrewsbury and Atcham in Shropshire, has said he has been speaking to barristers about launching a possible challenge to the anti-No Deal law passed by rebel MPs.

On Tuesday, he tweeted: 'The rule of law must be respected. I am in discussions with an established London law firm and two senior barristers with a view to challenging Benn Act through Courts.

Mr Johnson has consistently referred to the anti-No Deal law - introduced by Labour Party politician Hilary Benn - as the 'surrender' act.

Yesterday afternoon, Mr Kawczynski confirmed he was thinking of launching his legal challenge against the bill.

He said yesterday: 'Following personal meeting with Barristers today I have shared written legal advice on loopholes in "Surrender Act" with colleagues.

'Barristers believe we have case to take to Courts and encouraging me to pursue. Reflecting over weekend.'

His move comes as yesterday clarity appeared to emerge over Mr Johnson's seemingly contradictory positions on the act.

He has long maintained that he will stick to his 'do or die' pledge to deliver Brexit with or without a deal by October 31.

But he has also insisted that the government will abide by an anti-No Deal law passed by rebel MPs.

The Court of Session in Scotland yesterday heard that government papers said the PM will comply with the law and seek an extension if he is unable to strike an accord with the bloc.

Documents submitted to the Court on behalf of Mr Johnson were read out and in them it is made clear he will not attempt to frustrate the so-called Benn Act.

Downing Street did not deny that was an accurate representation of Mr Johnson's position but said that they would not be commenting further.

However, Mr Johnson subsequently recommitted to his 'do or die' promise as he tweeted: 'New deal or no deal - but no delay.'

A senior Number 10 source told the BBC the government remained of the view that a Brexit delay could be avoided even if Mr Johnson is forced to ask for one.

For example, the government could ask for a delay to comply with the law while also making clear in public and private that it will not negotiate any further with the EU.