A Legal challenge is expected over the post-Brexit single market withdrawal

The UK is reportedly going to have to face another legal battle over whether the referendum result alone delivers the right to take Britain out of the single market even after the country has left the EU.

The cross-party pro-EU think-tank, British Influence, announced it will seek a judicial review to establish whether the Downing Street view that membership of the European Economic Area (EEA) automatically ends after Brexit is valid.

Although some Conservative MPs believe the measure is simply a stalling tactic to frustrate the  will of the British people , it seems that senior lawyers have pointed out they believe Article 50 does not allow the UK to leave the EEA, as it also extends single market rights to countries such as Norway, Iceland and Liechtenstein. Furthermore, should the UK really wish to leave the single market, article 127 would also need to be triggered, which specifically provides another mechanism for withdrawal, just as Article 50 provides a specific mechanism to leave the EU.

Criticism levelled at the lawyers suggesting that they should be working with the government departments towards a successful Brexit is, perhaps, a little harsh as it is their brief to ensure that the whole process has a sound legal basis which means they are duty bound to impartially point out any legal flaws in the Government’s thinking.

A long drawn out contentious exit will leave business in a state of flux for the foreseeable future as a consequence may inhibit growth. However, the most experienced EU negotiator, Lord Kerr, believes that there is little chance of concluding these negotiations under a decade, which may result in many British businesses losing unrecoverable ground in the European market.

If you wish to know more about the possible impact of Brexit on business, do not hesitate to contact us at clientservices@giambronelaw.com or call us at +44 (0) 20 7183 9482