header-logo header-logo

26 September 2018
Issue: 7810 / Categories: Legal News , Brexit
printer mail-detail

Unilateral revocation in court

UK could not be forced to revoke the Article 50 notice

The Court of Session in Edinburgh has referred to the European Court of Justice (ECJ) the question of whether the UK can unilaterally revoke Art 50, in a case brought by a group of MPs and MSPs.

The ECJ is asked whether EU law permits unilateral revocation and, if so, subject to what conditions and with what effect relative to the member state remaining in the EU.

David Greene, NLJ consultant editor and senior partner at Edwin Coe, who represented one of the litigants in the 2017 Supreme Court case on whether Parliamentary approval was required for Art 50 to be triggered, said the ECJ would need to be ‘super-fast’ to have a decision before the revocability issue becomes redundant in March 2019.

‘One wonders, however, whether politically it matters too much,’ he said. ‘If the UK decided to withdraw or revoke the Article 50 notice it would require political settlement in some fashion. A revocation in a political vacuum would be unworkable and is not on the table from either the UK or EU side. The UK could not be forced to revoke the Article 50 notice.

‘If it chose to withdraw the notice as it can do in accord with Article 50 one might assume the EU, the EU27 and the European Parliament would work to achieve that goal. It’s an interesting legal question but one wonders if it is of any consequence.’

Meanwhile, the London branch of the Unified Patent Court, originally scheduled to open in 2017, might not open at all if there is a no deal Brexit. In its latest tranche of technical papers, published this week, the government warns that it may have to withdraw from the court and unitary patent.

It said UK businesses would still be able to use the court and unitary patent to protect their inventions in EU countries but would have to rely on national patents in the UK.

It has previously insisted that the court is not an EU entity and therefore would not be affected by Brexit. The court is not an EU institution but is only open to 25 EU member states and would resolve disputes concerning the new unitary patent system.

Issue: 7810 / Categories: Legal News , Brexit
printer mail-details

MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
back-to-top-scroll