it depends dunt it

(a) If we go to the r27 and ask for a delay, but Spain refuses because they are being arsey about Gib, then we can probably do what we want and just cry foul at Spain

(b) if we go to the r27 and ask for a delay because, quite frankly, we don't know what we are doing and we just want more time, and the r27 say 'no, you've had 2 years to think about it, sorry' then I think we are in dicey territory if we revoke then re-serve once we've worked out what our plan is. And whatever the legal status is, the r27 are not going to be pre-disposed to giving us any sort of beneficial deal.

(c) If we go to the r27 and ask for a small delay because we think it is only fair to ask the public for a final decision on the withdrawal agreement/remain/no deal and the r27 say 'no, f**k off, you've had long enough' then I 'think' we are ok because, as you suggest, we have a legitimate reason to need more time and the r27 themselves would hardly be acting in good faith.

The danger territory is (b) which seems to be the territory we are in now. Particularly as (if we ask them) I think r27 maybe offers us a further 12+ months in that scenario anyway, so we would probably have an adequate alternative to revoking.

I think you can only revoke (and tbf the court decision may clarify this further but I have only skimmed bits of it) if you have taken a firm decision to remain on at least a medium term basis, rather than deciding that you want to stay for as long as it takes you to have another referendum/GE/leadership challenge. The Art 50 mechanism caters for temporary extensions by agreement.

Posted By: CWC, Dec 10, 14:39:14