Lord Justice Richards said he was "very surprised" to receive a letter from lawyers for the Government on Thursday saying that they were pressing ahead with ratification.

Together with Mr Justice Mackay, the judge is hearing a case brought by eurosceptic millionaire Stuart Wheeler, who has sought judicial review of the decision to ratify the Treaty without a referendum.

A ruling on the case is expected next week.

After the EU (Amendment) Act gained Royal Assent on Thursday, lawyers for the Treasury wrote to the High Court to say: "The Government is now proceeding to ratify the Treaty of Lisbon."

In a direction, Lord Justice Richards said: "The court is very surprised that the Government apparently proposes to ratify while the claimant's challenge to the decision not to hold a referendum on ratification is before the court.

"The court expects judgment to be handed down next week. The defendants are invited to stay their hand voluntarily until judgment."