Skip to Content
22nd January 2019

Death of the Withdrawal Agreement

Share this article:

With the Withdrawal Agreement lying in tatters, May’s options have narrowed down further. Does she contemplate a no-deal Brexit or does she break her oft-repeated promise and call a second referendum? Either way she’s facing a no confidence vote and it may no longer be her decision. Meanwhile, it’s clear that the middle option of further consultation and going back to the EU for another round of negotiations will be difficult for the EU to countenance without risking internal strife. Time is running short for such negotiations to take place and seeking an extension to the leave date would seem to be a necessity.

Lord Neuberger has recently commented that he believes May cannot unilaterally revoke Article 50 without parliament’s express approval and that further Brexit court battles lie ahead. With views on both sides polarising, it seems a distinct possibility that we will see more recourse to the courts on questions such as who can decide on an extension of time to the leave date, the terms of a second referendum and judicial review of decisions to award contracts outside a tendering process in no-deal contingency planning.