Tuesday 21 January 2020

Judicial Review of 'Mayhem Brexit' on 31st January 2020

It is widely assumed that the United Kingdom will leave the European Union on 31st January 2020.

My view is that it is impossible for the United Kingdom lawfully to leave the European Union before, as of today's date, 21st January 2021.

In other words as a matter of Public International Law, European Union Law and United Kingdom Law the UK must continue as a Member State of the European Union for at least another year.

On 7th January 2020 and 16th January 2020 I wrote to the Treasury Solicitor and Advocate General for Scotland in "Letters Before Claim" setting out the legal reasoning that leads me to conclude that the United Kingdom cannot lawfully leave the European Union for at least a year.

A "Letter Before Claim" is the first step towards Judicial Review.

The formal response from the Government Legal Department is due by 17.00 on Thursday 23rd January 2020.

The Government Legal Department lawyer dealing with the matter is Daniel Emery.

Copies of the Letters Before Claim are here:

Letter Before Claim of 7th January 2020

and here:

Letter Before Claim of 16th January 2020

If the United Kingdom attempts to leave the European Union on 31st January 2020, that will cause legal uncertainty and chaos, which I term 'Mayhem Brexit'.