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ARTICLE · 09 APRIL 2019

BREXIT: Finding The Least Worst Option?

Womble Bond Dickinson
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On March 28, 2019, at least we can be reasonably confident that the UK does not face a "no deal" Brexit at 11.00pm on March 29th.

United StatesGovernment, Public Sector
Malcolm Dowden
Malcolm Dowden
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"No deal" safely averted?

On March 28, 2019, at least we can be reasonably confident that the UK does not face a "no deal" Brexit at 11.00pm on March 29th. Reasonably confident, but not absolutely certain. Members of the European Reform Group (ERG) within the Conservative party have raised a legal challenge to the Article 50 extension agreed with the European Council on March 21st.

That challenge has two elements:

  • that the government did not have authority to agree to the particular extension (May 22nd if the Withdrawal Agreement (WA) is approved by the House of Commons before 11.00pm on March 29th or 11.00pm on April 12th if the WA is not approved); and
  • that the legislative instrument produced to amend the definition of "exit day" in the EU (Withdrawal) Act 2018 is ultra vires because it does not replace March 29th with a single date, but instead provides for the two possible dates approved by the European Council.

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