The UK can move to stop Brexit by attempting to unilaterally revoke Article 50, legal papers published by the government suggest.

The documents indicate that MPs would first need to direct the government to revoke the Article, which started the countdown to Britain’s withdrawal when it was triggered almost two years ago.

Until now the government has refused to discuss its view of the legality of revocation, but the newly released papers suggest it is a lack of political will rather than any legal barrier that is preventing a bid.

It comes as Theresa May once again defended her Brexit deal in the Commons, with MPs from all parties saying they are preparing to vote it down.

The legal papers released today form part of the government’s argument in a case that is to be heard by the Europe Court of Justice (ECJ) on Tuesday, with judges possibly coming to a verdict over whether Britain can unilaterally reverse its decision to leave the EU.

The government’s lawyers argued that the ECJ should not at this point be tasked to make such a ruling, but in doing so apparently revealed that it would be possible for the UK to attempt to revoke Article 50.

The papers said: “For the issue of revocability of [Article 50] to become live, parliament must first have directed the government, against the government’s settled policy and against the popular answer provided by the referendum, unilaterally to revoke the notice.

“Second, either an EU member state or the EU Parliament must then object to the United Kingdom’s attempt unilaterally to revoke. Third, all attempts at finding a consensus for revocation must fail, so that the effect of revoking the notice becomes a live issue.

Brexit: Article 50 author says Theresa May is misleading the public on reversing result

“If that stage were reached, any such live issue and dispute would be at the inter-state or EU institutional level. At that time is would fall to be adjudicated by the [ECJ] in a direct action.”

Asked how significant the wording is, the prime minister’s official spokesman said only that the document “speaks for itself” on Monday.

The ECJ is being asked by campaigners to interpret whether Article 50 of the Lisbon Treaty – the mechanism by which Britain notified the European Union of its intention to leave – can be revoked legally.

Britain is due to exit the world’s biggest trading bloc on March 29 next year but it remains unclear whether Ms May’s draft withdrawal deal agreed with the EU on Sunday will be passed by MPs in parliament.

New Brexit secretary Stephen Barclay accepted that Ms May faces a “challenging vote” when her withdrawal deal is put before MPs in December.

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PA A historic moment: thousands march to demand Final Say on Brexit Final Say march for the future London, 20 October 2018 Credit: Angela Christofilou/The Independent Angela Christofilou/The Independent Angela Christofilou/The Independent A historic moment: thousands march to demand Final Say on Brexit Final Say march for the future London, 20 October 2018 Credit: Angela Christofilou/The Independent Angela Christofilou/The Independent Angela Christofilou/The Independent A historic moment: thousands march to demand Final Say on Brexit A People’s Vote march attendee calls for a Final Say Angela Christofilou A historic moment: thousands march to demand Final Say on Brexit Demonstrators with banners 'We're with EU' during the People's Vote March for the Future in London, Britain, 20 October 2018. Reports state that the 'March for the Future' is to be led by a column of young people and call for a Peopleâ€™s Vote on the Brexit deal. After marching through central London, there will be a rally on stage in Parliament Square, including speeches from Mayor of London Sadiq Khan. EPA A historic moment: thousands march to demand Final Say on Brexit Final Say march for the future London, 20 October 2018 Credit: Angela Christofilou/The Independent Angela Christofilou/The Independent Angela Christofilou/The Independent A historic moment: thousands march to demand Final Say on Brexit Final Say march for the future London, 20 October 2018 Credit: Angela Christofilou/The Independent Angela Christofilou/The Independent Angela Christofilou/The Independent A historic moment: thousands march to demand Final Say on Brexit Final Say march for the future London, 20 October 2018 Credit: Angela Christofilou/The Independent Angela Christofilou/The Independent Angela Christofilou/The Independent A historic moment: thousands march to demand Final Say on Brexit Protesters at London’s march for the future in October The Independent A historic moment: thousands march to demand Final Say on Brexit Editor of The Independent Christian Broughton speaks to demonstrators in Parliament Sqaure after they take part in a march calling for a People's Vote on the final Brexit deal, in central London on October 20, 2018. - Britons dreading life outside Europe gathered from all corners of the UK to London on Saturday to try to stop their country's looming breakup with the EU. AFP/Getty A historic moment: thousands march to demand Final Say on Brexit A poster at the March for the Future in October The Independent A historic moment: thousands march to demand Final Say on Brexit Anti-Brexit campaigners take part in the People's Vote March for the Future in London, a march and rally in support of a second EU referendum. PA A historic moment: thousands march to demand Final Say on Brexit Final Say march for the future London, 20 October 2018 Credit: Angela Christofilou/The Independent Angela Christofilou/The Independent Angela Christofilou/The Independent A historic moment: thousands march to demand Final Say on Brexit Final Say campaigners take part in the peoples vote march for the future in London 20/10/2018 Angela Christofilou A historic moment: thousands march to demand Final Say on Brexit Final say Brexit march - final say on our furture London, 20 October 2018 Angela Christofilou/The Independent Angela Christofilou/The Independent A historic moment: thousands march to demand Final Say on Brexit Final say Brexit march - final say on our furture London, 20 October 2018 Angela Christofilou/The Independent Angela Christofilou/The Independent A historic moment: thousands march to demand Final Say on Brexit Anti-Brexit campaigners take part in the People's Vote March for the Future in London, a march and rally in support of a second EU referendum. 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AFP/Getty A historic moment: thousands march to demand Final Say on Brexit Final Say march for the future London, 20 October 2018 Credit: Angela Christofilou/The Independent Angela Christofilou/The Independent Angela Christofilou/The Independent A historic moment: thousands march to demand Final Say on Brexit Final Say march for the future London, 20 October 2018 Credit: Angela Christofilou/The Independent Angela Christofilou/The Independent Angela Christofilou/The Independent A historic moment: thousands march to demand Final Say on Brexit Final Say march for the future London, 20 October 2018 Credit: Angela Christofilou/The Independent Angela Christofilou/The Independent Angela Christofilou/The Independent A historic moment: thousands march to demand Final Say on Brexit Final say Brexit march - final say on our furture London, 20 October 2018 Angela Christofilou/The Independent Angela Christofilou/The Independent A historic moment: thousands march to demand Final Say on Brexit Final say Brexit march - 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final say on our furture London, 20 October 2018 Angela Christofilou/The Independent Angela Christofilou/The Independent A historic moment: thousands march to demand Final Say on Brexit Final Say march for the future London, 20 October 2018 Credit: Angela Christofilou/The Independent Angela Christofilou/The Independent Angela Christofilou/The Independent A historic moment: thousands march to demand Final Say on Brexit Final Say march for the future London, 20 October 2018 Credit: Angela Christofilou/The Independent Angela Christofilou/The Independent Angela Christofilou/The Independent A historic moment: thousands march to demand Final Say on Brexit Final Say march for the future London, 20 October 2018 Credit: Angela Christofilou/The Independent Angela Christofilou/The Independent Angela Christofilou/The Independent A historic moment: thousands march to demand Final Say on Brexit Final say Brexit march - final say on our furture London, 20 October 2018 Angela Christofilou/The Independent Angela Christofilou/The Independent A historic moment: thousands march to demand Final Say on Brexit Final Say march for the future London, 20 October 2018 Credit: Angela Christofilou/The Independent Angela Christofilou/The Independent Angela Christofilou/The Independent A historic moment: thousands march to demand Final Say on Brexit Final say Brexit march - final say on our furture London, 20 October 2018 Angela Christofilou/The Independent Angela Christofilou/The Independent A historic moment: thousands march to demand Final Say on Brexit Final Say march for the future London, 20 October 2018 Credit: Angela Christofilou/The Independent Angela Christofilou/The Independent Angela Christofilou/The Independent A historic moment: thousands march to demand Final Say on Brexit Final Say march for the future London, 20 October 2018 Credit: Angela Christofilou/The Independent Angela Christofilou/The Independent Angela Christofilou A historic moment: thousands march to demand Final Say on Brexit Final Say campaigners take part in the peoples vote march for the future in London 20/10/2018 campaigner wrapped in EU flag Angela Christofilou A historic moment: thousands march to demand Final Say on Brexit Final Say march for the future London, 20 October 2018 Credit: Angela Christofilou/The Independent Angela Christofilou/The Independent Angela Christofilou/The Independent A historic moment: thousands march to demand Final Say on Brexit Final Say march for the future London, 20 October 2018 Credit: Angela Christofilou/The Independent Angela Christofilou/The Independent Angela Christofilou/The Independent A historic moment: thousands march to demand Final Say on Brexit Final Say campaigners take part in the peoples vote march for the future in London 20/10/2018 Angela Christofilou A historic moment: thousands march to demand Final Say on Brexit Demonstrators pass Trafalgar Square as they take part in a march calling for a People's Vote on the final Brexit deal, in central London on October 20, 2018. - Britons dreading life outside Europe gathered from all corners of the UK to London on Saturday to try to stop their country's looming breakup with the EU. AFP/Getty A historic moment: thousands march to demand Final Say on Brexit Demonstrators wave Union and European flags and hold up placards as they pass Trafalgar Square, taking part in a march calling for a People's Vote on the final Brexit deal, in central London on October 20, 2018. - Britons dreading life outside Europe gathered from all corners of the UK to London on Saturday to try to stop their country's looming breakup with the EU. AFP/Getty A historic moment: thousands march to demand Final Say on Brexit Demonstrators hold placards as they take part in a march calling for a People's Vote on the final Brexit deal, in central London on October 20, 2018. - Britons dreading life outside Europe gathered from all corners of the UK to London on Saturday to try to stop their country's looming breakup with the EU. AFP/Getty A historic moment: thousands march to demand Final Say on Brexit A demonstrator holds a message during a march calling for a People's Vote on the final Brexit deal, in central London on October 20, 2018. - Britons dreading life outside Europe gathered from all corners of the UK to London on Saturday to try to stop their country's looming breakup with the EU. AFP/Getty A historic moment: thousands march to demand Final Say on Brexit Anti-Brexit campaigners take part in the People's Vote March for the Future in London, a march and rally in support of a second EU referendum. PA A historic moment: thousands march to demand Final Say on Brexit Demonstrators take part in the 'People's Vote March for the Future,' in central London, Britain, 20 October 2018. Reports state that the 'March for the Future' is to be led by a column of young people and call for a Peopleâ€™s Vote on the Brexit deal. After marching through central London, there will be a rally on stage in Parliament Square, including speeches from Mayor of London Sadiq Khan EPA A historic moment: thousands march to demand Final Say on Brexit A protester brandishes an Independent t-shirt during the Brexit March Angela Christofilou A historic moment: thousands march to demand Final Say on Brexit Anti-Brexit campaigners take part in the People's Vote March for the Future in London, a march and rally in support of a second EU referendum PA A historic moment: thousands march to demand Final Say on Brexit Tens of thousands of people take part in People's Vote March for the Future in central London. The march organised by the People's Vote campaign is led by young people calling for a People's Vote on the Brexit deal Rex A historic moment: thousands march to demand Final Say on Brexit Anti-Brexit campaigners take part in the People's Vote March for the Future in London, a march and rally in support of a second EU referendum PA

Speaking on BBC Radio 4’s Today programme Mr Barclay said: ”The prime minister, after two years working day and night in the national interest, has secured a deal that respects the referendum result, and does so in a way that also protects jobs, that also gives security to EU citizens.”

He added that people needed to know the dilemma now facing Britain, saying: “The choice is between a deal, or the uncertainty...the choppy waters that we will move in to if this deal does not go through.”