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Brexit Law - the way ahead

 
 

 

 


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Latest thinking

Can the UK Parliament stop a no-deal Brexit?

There are less than 100 days until 31 October 2019, when the UK will leave the European Union without a deal by default unless a deal or extension of time is agreed or the UK revokes its article 50 notice. The new UK Prime Minister, Boris Johnson, has announced that 31 October will be the UK’s departure date “do or die, come what may”, with or without a deal.

We have produced a publication that considers the options available to MPs to prevent the UK from leaving the EU on 31 October without a deal, and some of the very real difficulties facing them in achieving that objective. Our conclusion is that the options open to MPs are quite limited and that this reinforces the need for businesses to ramp up their no-deal preparations.

Please click here to read the publication.

 

It's (Article) 50/50: UK Ratification, Revocation, Extension or Hard Brexit?

Now that UK cabinet approval for the Brexit deal (in the form of the draft Withdrawal Agreement published by the EU and the UK on 14 November) has been obtained, attention in the UK turns to its approval by Parliament. This revives the issue of the UK Parliament’s so-called “meaningful vote” on the deal but also raises a number of questions as to what happens if Parliament votes down the deal. Various options have been proposed as an alternative to the UK crashing out of the EU without a deal on 29 March 2019 a general election, a further referendum, an extension to the Article 50 deadline – but each of these options give rise to fundamental legal and practical issues. Further, the question arises as to whether, if the Government refuses to pursue any of these options, Parliament can force the Government’s hand.

This paper considers the legal issues arising in relation to each of these options, with a view to helping clients assess how likely it is that a Withdrawal Agreement (whether in its current form or otherwise) will be ratified on the UK side, what the route to ratification might look like, and the likely timescales involved.

Please click here to read our latest Brexit briefing. 

 

 
 
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