Lord Hermer disagrees with claims that recognising Palestine as a state is illegal, despite 40 peers warning the opposite, The Telegraph understands.

The Attorney General was directly challenged in a letter questioning the legality of Sir Keir Starmer’s plan to recognise the Palestinian state formally in September.

The signatories from the House of Lords, which include seven KCs, argue that a Palestinian state would not meet the criteria for recognition laid out in the so-called Montevideo Convention, a treaty signed in 1933.

But it is understood Lord Hermer, a close personal friend of the Prime Minister since their days as fellow lawyers, does not agree with the arguments put forward.

The Attorney General’s position would likely be reflected in any legal advice issued to Sir Keir before the change in position was unveiled on Tuesday.