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Britain can end Brexit unilaterally says a top EU court adviser.

The European Court of Justice's Advocate General said on Tuesday Britain has the right to withdraw its Brexit notice from the European Union unilaterally.

"Advocate General Campos Sanchez-Bordona proposes that the Court of Justice should declare that Article 50 ... allows the unilateral revocation of the notification of the intention to withdraw from the EU," the bloc's top court said in a statement.

While the Advocate General's opinions are not binding, the court tends to follow them in its final rulings.

The case was brought by a cross-party group of Scottish politicians and was heard by judges at the Luxembourg court last week.

SNP MEP Alyn Smith, one of those who brought the case, said: "This is a huge win for us, and a huge step forward from the highest court in the business, and confirms what we have been hoping for: that the UK can indeed change its mind on Brexit and revoke Article 50, unilaterally.

"We now have a roadmap out of the Brexit shambles, a bright light has switched on above an 'Exit' sign and the false choice being offered to MPs at Westminster - that it is Mrs May's disastrous deal or chaos - is shown for what it is, an abuse of Parliament.

(Image: PA)

"There are other options, and we can stop the clock."

The news has been seized upon by those campaigning for a second referendum.

Best for Britain member Tulip Siddiq MP said: "This judgment makes it unthinkable that the Government will pursue a path of constitutional and economic chaos, or to suggest their deal is the only game in town.



"Article 50 can be revoked and this self-inflicted mess can be unilaterally ended. All options must now be firmly on the table, and that includes a people’s vote."

(Image: REUTERS)

Tory former attorney general and second referendum campaigner Dominic Grieve welcomed the ruling, telling BBC Radio 4's Today programme: "It's clearly significant.

"Of course it doesn't necessarily have to be translated into a judgment, but the opinion of the advocate general is often very influential in forming the opinion of the court and it reinforces something I have to say I personally always thought was probably the case."

Asked if it made it more likely that there would be a new public vote, he said: "It is certainly helpful because it removes one of the arguments which is 'Oh well, they would never allow us to change our minds'."

But the advice could also strengthen the government’s argument with Tory Brexiteers that unless they back May’s deal, they risk no Brexit.

Prominent Leaver Nigel Farage said after the statement: ""Every effort is being made on both sides of the Channel to stop Brexit."

It is highly unlikely that Mrs May would ever revoke Article 50 but many doubt how long she will be in charge for.

Meanwhile the Prime Minister is gearing up to open five days of debate on her Brexit deal on Tuesday afternoon.

May's plan to keep close ties with the EU after leaving has been criticised by Brexit supporters and opponents alike.

She has the fight of her political life to secure parliament's approval in a vote that will follow the debate on Dec. 11.

If she loses, May could call for a second vote on the deal.

(Image: Getty Images)

But defeat would increase the chances of Britain leaving without a deal - a prospect that could mean chaos for Britain's economy and businesses .

And it would put the Prime Minister under pressure to resign.

Labour have already said it is "inevitable" that they would bring a motion of no confidence if the Brexit deal fails.

Defeat could also make it more likely that Britain holds a second referendum.

May has been frantically holding meetings with wavering MPs in Number 10 to try and win them over.

The deal, sealed in Brussels last month, has united critics at both ends of the political spectrum.

Brexiteers say it will make Britain a vassal state, while Remainers say the country will become a rule taker.

More than 100 Tory MPs have publicly said they will not vote for the deal.

While the DUP, who prop up Mrs May's government, are refusing to back her proposal because of the so-called Irish backstop.

Since most Labour and other opposition MPs will also reject the deal it's difficult to see how she can get it through the House of Commons.

May is pressing on nonetheless.

"The British people want us to get on with a deal that honours the referendum and allows us to come together again as a country, whichever way we voted," she will tell MPs.

"This is the deal that delivers for the British people."

Ahead of the debate on the deal parliament ministers face a contempt-of-Parliament challenge over their decision not to release the full legal advice on her Brexit deal.

Transport Secretary Chris Grayling defended the decision not to release the full legal advice.

He told BBC Radio 4's Today programme: "The reality is that the position of the legal advice is a very straightforward and a very longstanding one.

"I'm a former Lord Chancellor, it is a central part of the principles of our legal system that the advice provided from a lawyer to their client is treated as confidential, it's privileged information.

"Government has always behaved in that way and actually if Government starts to have to publish every bit of legal advice it gets that is going to put us at a serious disadvantage when it comes, for example, to dealing with court cases with third parties.

"What we saw yesterday was the Attorney General, for the first time in a quarter of a century and more, coming to the Commons, taking detailed questions about the legal position, being very open about the legal position and providing Parliament with the information it needs.

"I think that is the right approach."