Litigating Brexit at the eleventh hour

• Unreasonable actions, unlawful overspending and excluded expats: could it be possible that the outcomes of two upcoming lawsuits might cause a domino effect leading to the cancellation of the UK’s withdrawal from the EU?

With the Chequers proposals all but rejected at Salzburg by the 27 member states of the European Union (EU27) mounting fears are turning to panic that an impasse in the Brexit negotiation process will lead to the UK ‘crashing out’ of the EU without a deal on 29 March 2019. Indeed, the government’s perceived lack of direction may be shifting opinion significantly towards remaining in the EU (see Michael Savage, ‘More than 100 seats that backed Brexit now want to stay in EU’, The Observer, 11 August 2018; Nicholas Cecil, ‘Poll of polls: now we want to stay in,’ Evening Standard, 8 October, 2018). While the general thrust of polling suggests a high count in favour of, at the very least, a second referendum