Lord Frost is currently involved in negations with EU Vice President Maros Sefcovic to reduce trading friction created by the contentious post-Brexit arrangements for the Irish Sea. The Protocol, which was incorporated into the Brexit Withdrawal Agreement to help avoid a hard border on the island of Ireland, has left Northern Ireland tied to a range of EU customs and regulatory rules.

       However, if no agreement is reached, the UK Government faces a courtroom showdown on the implementation of the Protocol after a legal challenge was launched by former Brexit Party MEP Ben along with Jim Allister, leader of the Traditional Unionist Voice party and Baroness Kate Hoey.

       The legal challenge has been paused whilst the negotiations between the EU and UK take place but Express.co.uk understands the appeal to the High Court is ready to be reopened with UK ministers expecting to be put under further pressure from the challenge.

       A UK legal source said the case could be a “landmark” moment for how the Protocol operates if a ruling went in favour of the Unionist politicians.

       In Belfast’s High Court earlier this year, some of Northern Ireland’s most senior judges heard arguments from the politicians' lawyers that the Protocol was legally "rotten to the core" and incompatible with domestic and European law.

       But the politician's case was thrown out with Mr Justice Colton rejecting their challenge on all grounds before the group appealed.

       A decision on whether the appeal can proceed is due next week.

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