Robert Bell, partner and head of the EU & UK competition team at international law firm Bryan Cave LLP is warning that Brexit will be the 'biggest legal train crash in modern history' and more complex than Henry VIII's break with Rome. ‘Make no mistake Brexit is likely to cause the 'biggest legal train crash in modern history' and the consequences together with the problems of legal interpretation and the uncertainties created will be felt for generations…It is the modern equivalent of Henry VIII’s break with Rome except many times more complex,' he said. Mr Bell was speaking after the date for triggering Article 50 was set for 29^th of March. He has also argued that it will take at least 12 months before there is any real action given the legal quagmire and the fact both Germany and France are facing General Elections adding that it is likely to eat up all the country’s legislative time.

Swamped 

Mr Bell added: ‘The Government’s legislative programme in the run up the UK’s exit from the European Union will be swamped with Brexit related bills including in particular the Great Repeal Bill, which will transfer EU laws to the UK statute book. Many other acts of parliament will also be required. There is going to be little space for any other legislative measures.’

Just the beginning

He went on to explain: ‘It is estimated that between 15-25 per cent of current UK law is based on EU legislation. In transposing this EU legislation into UK laws the Government will have fillet out all mention of regulatory and other duties, rights and obligations currently vested in EU bodies such as the EU Commission. In addition the UK will have recreate its own immigration and customs rules for the UK. Ministers will also have to introduce legislation to establish UK agricultural, fisheries and trade policies for the first time for 40 years. This is just the beginning.

Relative inactivity

Similarly, David Golten, head of litigation at Wedlake Bell said: "The Prime Minister has announced that Brexit will be triggered on the 29th March. There will then be a period of relative inactivity while France and Germany go to the polls in April/May and September respectively. There will be some talks before then but they will be 'talks about talks'. No substantive negotiations will start until there are new governments in the two most powerful EU nations. That will leave about 12 months to reach agreement in principle between the UK and the EU. Both sides have conceded there will need to be a period of six months at the other end of the two-year process to revise and ratify the agreement. Or not. It is a tall order in anyone's language."