Michael Gardner’s comments are published in The Times – December 11, 2018

11 / 12 / 2018

The article was originally published by The Times on December 11, 2018.

ECJ ruling is not carte blanche to cancel Brexit

Legal experts said that the ruling from the Court of Justice of the EU would initially provide succour to those campaigning to remain in the union. However, they warned that the implications of the ruling were not a straightforward success for so-called Remainers.

“If any UK government were to try and take advantage of the ruling and seek to withdraw the notification,” said Michael Gardner, a partner at Wedlake Bell, a London law firm, “they would be certain to come under legal challenge in the UK courts — unless act of parliament to that effect was passed first”.

Mr Gardner claimed that a valid Article 50 notice can only be served if it is done “in accordance with the constitutional requirements” of the state aiming to leave the EU.

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