Why the EU can’t sue the UK

Michel Barnier has very politely confirmed that the EU will be suing the UK in a respectful manner. That has all the validity of a child using his younger brother’s arm to hit his own face while stating, ‘why are you hitting yourself?’. Passive aggression is still aggression. Suing someone is an aggressive act.

Now, as I sue people for a living, it would ill behove me to argue that the EU must not ever sue the UK. It is a political question on which people will naturally disagree.

There is however an important legal question — whether or not the EU can sue the UK in law. It is unfortunate for the EU that a consensus has emerged amongst lawyers that the EU has no grounds for suing the UK; it has no case.

Even someone who supported the EU suing the UK would be unlikely to support it doing so when it has no case.