A no-deal Brexit has been described in many ways but a top business lawyer has now likened it to the dark arts of a witch or wizard from the Harry Potter saga.
Malcolm Dowden, commercial and regulatory lawyer with international firm Womble Bond Dickinson, says the dreaded no-deal scenario is similar to the Horcrux in JK Rowling’s epic fantasy series.
A Horcrux is an object in which a dark wizard or witch has hidden a fragment of his or her soul in order to become imortal.
Horcruxes can only be created after committing murder, the supreme act of evil and the only way to defeat an evil witch or wizard is to root out and destroy the Horcruxes.
Mr Dowden said businesses exist in a world of risk and uncertainty, and the main uncertainty is caused by politicians at Westminster, who he said have created “Horcruxes” to make a deal with the EU more difficult, and he used the Potter analogy to make his point.
“No deal is possible, and is the legal default position,” he said. “I always get people to think of Brexit through the prism of Harry Potter – those seeking a no-deal Brexit have made it the default legal position by planting legislative provisions to guarantee that result.
“Like Horcruxes in Harry Potter, all of those provisions have to be identified and dealt with if a no-deal Brexit is to be avoided.
"For example, the UK government would be able to enter into a customs union with any part of the world, except the EU, because of an amendment that Jacob Rees-Mogg added to the post-Brexit customs legislation.”
What is a no-deal Brexit? Find out here
Mr Dowden added: “Many politicians talking about no-deal are doing it from an ideological commitment.But over 220,000 firms are not ready for border controls and all the necessary paperwork.”
The lawyer, based at Womble Bond Dickinson’s Plymouth office, was invited by overseas trade consultancy International Trade Matters to lecture businesses about Brexti at the Devon Business Show, in Plymouth.
Earlier this year, HMRC launched the Transitional Simplified Procedures (TSP) scheme, aimed at easing imports in the event of the UK leaving the customs union and single market abruptly.
The TSP would allow South West companies to import goods from mainland Europe without filling out new custom declarations at the border, and the region’s companies would be allowed to postpone the payment of import duties for one year.
Latest figures show only 17,800 firms had applied for the TSP, fewer than 10% of the total of 240,000 firms estimated to require the status by the October 31, when the Article 50 extension expires.
Mr Dowden said: “In periods where there is no leadership, society stands still. Progress occurs when courageous skilful leaders seize the opportunity, and for businesses that prepare and adapt, the positives of Brexit could be the locomotive of change.”
Anyone looking for information about international trading advice, support, and opportunities can view on the International Trade Matters web portal: www.internationaltradematters.com
