As well as being a consultant for Preiskel & Co LLP, I am a commentator on law and policy for the Financial Times and also on social media and my personal blog. This is not part of my work as a solicitor but my commentary may be of interest to clients and others visiting this site.
At the FT I discuss the Advocate General’s opinion published yesterday.
On the face of it, this opinion proposes that the UK be able to unilaterally revoke the Article 50 notification, thereby bringing Brexit to a halt.
A more detailed reading, however, shows that this “right” would be subject to two important conditions.
First, there would probably need to be primary legislation as the revocation would need in accordance with the UK’s own constitution arrangements.
Second, it would need to be sincere: in essence, there would need to be a change of heart.
This, of course, is an opinion and the full court may take a different view.
But if it is followed then politically the fog lifts to reveal a third path the UK could now take, instead of a “no deal” Brexit or accepting the deal on offer.
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