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If the UK Misses Official Brexit Date; UK Industries Could Sue the Government

by John Brian Shannon

March 19, 2019: It’s been 999-days since the June 23, 2016 referendum to leave the European Union and the UK government has failed in all that time to agree a deal with the EU — yet UK Prime Minister Theresa May has steadfastly maintained that Brexit will happen on the promised Brexit date of March 29, 2019 — “Deal or No Deal” — according to the Prime Minister.

And, there is still a 50/50 chance the UK might actually leave the EU on that date.

However, the odds of not leaving on that date were increased due to a series of votes in the UK House of Commons in recent days, and subsequent to those events, Theresa May seems to be backing-off from her usual assertions that “the UK will indeed Leave the European Union on March 29, 2019,” which is having the effect of causing even more uncertainty in the UK economy than had been the case over the previous 999-days.

Whereas the Theresa May government has promised Britons and British industry (hundreds of times over the past 999-days) that “the UK will indeed Leave the EU on March 29, 2019,” and whereas thousands of UK businesses have been incurring extra costs in their preparations over the past 999-days to meet the guesstimated requirements of Brexit, and whereas unconventional costs are likely to be incurred by UK businesses (through no fault of their own) if the UK government misses the official Brexit deadline which has been promised over the past 999-days by the Prime Minister and by other members of her government;

A case may be made that UK businesses can sue the government for the false and ongoing advertising (of the officially presented Brexit date) and for non-performance of its duties (failure to deliver Brexit as promised) and for not warning UK businesses in advance that Brexit may not occur on March 29, 2019 as promised hundreds of times over the past 999-days.

As a majority of Britons voted for Brexit and as UK businesses are subject to democracy just like everyone else, they wouldn’t be entitled to sue the government for acting on the results of the June 2016 referendum.

But what they can sue the government for is promising hundreds of times over the past 999-days to deliver Brexit right up until the official Brexit date — and then not delivering it — with the UK government knowing full well they weren’t able to deliver Brexit, or had changed their minds in recent days or weeks about their ability to deliver Brexit.

Without taking anything away from the previous paragraphs, it could also be argued that UK businesses could sue the UK government for failing to inform them in advance that the official Brexit date (might be) or (will be) missed.

As most businesses in the UK operate on a quarterly schedule, that would mean the UK government should’ve officially informed UK businesses about the possibility of a missed Brexit at any time prior to January 31, 2019 — which is when the October 1 through December 31 quarterly reports are typically due.

If Theresa May and Co. think that they can ‘suspend’ Brexit indefinitely in order to solve the above-described problem, they couldn’t be more wrong.

UK businesses cannot sue the government for the present period of uncertainty.

BUT IF THE OFFICIAL BREXIT DATE IS MISSED DUE TO A FAULT OF THE UK GOVERNMENT, THEREBY RESULTING IN A FAILURE TO DELIVER BREXIT ON TIME AND AS PROMISED; Beginning March 29, 2019 the UK government could be sued by UK businesses for losses resulting from an oft-promised and subsequently missed official Brexit date — especially when no advance warning was given to UK businesses about a potential missed Brexit prior to the end of the 4th-quarter reporting period.

Therefore; For the Theresa May government to avoid having to pay £1 billion per week (or more) in court ordered penalties to UK businesses should the government fail to deliver Brexit by March 29, 2019

I strongly advise the Prime Minister to keep her promise to Britons and to British industry that the UK will exit the European Union on March 29, 2019.

There’s no way out of the looming catastrophe of the UK government being sued by British industry on account of a Brexit ‘own goal’ unless you actually keep your promise that, “the UK will indeed Leave the EU on March 29, 2019.”

And if you don’t keep that promise I hope it costs the UK government billions. Because going forward, that’s how much all the additional uncertainty (from March 30th onward) will amount to and all of it caused by a suddenly missed and no advance notice Brexit.

You were saying to your MP’s recently, “Don’t lose your [Brexit] nerve.”

Well, maybe this blog post/circular will help MP’s to keep their nerve and to deliver Brexit as has been promised by the UK government almost every day for the past 999-days.

Image courtesy of PoliticsHome.com